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(영문) 울산지방법원 2020.10.30 2020고단1963
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 June 29, 201, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Ulsan District Court on June 29, 201.

【Criminal Facts】

On April 25, 2020, at around 04:08, the Defendant driven an Eco-car at a section of approximately 100 meters from the Damote parking lot on the front of the convenience store located in Yangsan B while under the influence of alcohol content of 0.181%.

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. The application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of the crackdown on drinking driving, the statement of the circumstances of drinking drivers (the previous records), criminal records, and criminal records, and investigation reports;

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. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime; however, the crime of this case has been led to the confession of the crime of this case; the mistake has been divided; there has been no record of punishment exceeding the fine; the minor is raising the minor; the minor is raising the minor; the defendant's age, environment, blood alcohol concentration and driving distance; and other various sentencing factors, such as the circumstances after the crime, shall be determined as the order.

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