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(영문) 울산지방법원 2020.06.05 2019고단4618
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 January 6, 2016, the Defendant received a summary order of KRW 1,500,00 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On November 10, 2019, around 14:43, the Defendant driven D Launa car while under the influence of alcohol content of about 0.149% from a section equivalent to approximately 2 km from C, which is located in Ulsan Northern-gu B, to an affiliated school located in the same Gu and Dong.

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. Grounds 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 punished as a drinking-driving crime; however, the crime of this case has been led to the confession of the crime of this case and the mistake has been divided, and there has been no record of punishment exceeding the fine, the defendant's age, environment, the minor is raising his minor, and other factors of sentencing are considered, such as the defendant's age, age and environment, the degree of alcohol concentration and driving distance, and circumstances after the crime.

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