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(영문) 울산지방법원 2020.04.21 2019고단5242

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2010, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act; and on February 2, 2015, the same court issued a summary order of KRW 5 million as a fine for the same crime.

On November 2, 2019, at around 09:38, the Defendant driven a e-manufactured car at a section of approximately 1.5 km from the front of the Ulsan-gu B building to the front of the D cafeteria located in the same Gu C, while under the influence of alcohol with a blood alcohol concentration of about 0.089%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The report on blood collection, the appraisal report and the appraisal report;

1. The application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are recognized and contradictory to the defendant's mistake, and there is no record of punishment exceeding the fine. The crime of this case is so-called the so-called the crime of this case under favorable circumstances, and the defendant's actual records of punishment twice due to drunk driving are considered disadvantageous circumstances, and the punishment as ordered shall be determined by taking into account all the circumstances indicated in the records, such as blood alcohol concentration and drinking alcohol level, the distance from drinking driving, the defendant's age, character and behavior, environment, and circumstances after the crime.