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(영문) 울산지방법원 2019.11.29 2019고단2833
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 July 16, 2008, the Defendant was issued a summary order of KRW 150,000,000 as a fine for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Facts】

On July 16, 2019, at around 06:35, the Defendant driven CMAGNA Orab in the state of alcohol with approximately 4 km from the front of the entrance of the Nam-gu B Middle-gu, Ulsan-gu to the middle distance at approximately 0.148% of blood alcohol content.

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 circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Although there was a history of punishment for the same kind of drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act, the crime is not easy in light of the fact that the driving of a two-wheeled vehicle under the influence of alcohol at the time, the defendant's blood alcohol concentration level is high at the time, the situation that the police officer sent to the site by the 112 report of the people around the road who became out of the road and became out of the road, and the possibility of criticism is not small in light of the circumstances against the defendant or the fact that the defendant seems to have committed the crime, the fact that the possibility of criticism is not small in light of the number of times and contents of the same criminal power, etc.

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