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(영문) 울산지방법원 2020.06.18 2020고단59
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

[criminal power] On September 22, 201, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court’s Chungcheong Branch on September 22, 201, and a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court’s Chungcheong Branch on October 10, 201.

On December 15, 2019, at around 13:56, the Defendant driven a car with Albin C in approximately 13 kilometers from the northbuk-gu B apartment to the road near the new name-dong located in the same new name-based Dong, while under the influence of alcohol of 0.082% of blood alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the results of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that there was a record of being sentenced to a fine twice 201 due to the driving under the influence of alcohol, the fact that a considerable period has elapsed from the last drunk driving before and after the last drunk driving, the fact that the defendant's health is not good, the fact that the defendant lives at work, the circumstance that the person undergoes drinking and the driving under the influence of alcohol, the age of the defendant, his family, etc.;

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