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(영문) 울산지방법원 2020.10.07 2020고단3168

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 June 24, 2015, the Defendant received a summary order of KRW 2 million from the Ulsan District Court due to a violation of the Road Traffic Act.

At around 21:50 on July 14, 2020, the Defendant, from the front side of the “C” in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, to the lower side of the “Seongbuk-gu” road located in the Northwest-gu, Ulsan-gu, Ulsan-gu, Seoul-do, 548, violated the prohibition of drinking driving by driving a D body-man car with a blood alcohol content of about 0.115% under the influence of alcohol at least twice.

Summary of Evidence

1. Report on the defendant's legal statement, the results of crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (verification of suspect A and records of drinking driving), and application of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of others as well as his/her own, and the defendant has already been punished for a drunk driving for five years prior to the fact that he/she had been already under the influence of alcohol driving in this case: The defendant is against the defendant.