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(영문) 울산지방법원 2020.05.14 2019고단4588
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 November 21, 2018, the Defendant was issued a summary order of KRW 1,50,000 by the Ulsan District Court as a crime of violating the Road Traffic Act.

On October 3, 2019, at around 05:27, the Defendant driven an E QM3 car volume while under the influence of alcohol content 0.171% from the area near the “C cafeteria” located in Ulsan-gu B to the front of Ulsan-do D.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, criminal records of the report stating the circumstances of drinking drivers, and application of Acts and subordinate statutes of summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. The punishment against the defendant shall be determined by taking into consideration the circumstances leading to the running of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;

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