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(영문) 울산지방법원 2020.09.01 2020고단2084
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 February 25, 2008, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Ulsan District Court.

On May 13, 2020, at around 23:09, the Defendant driven a CMW car in the state of alcohol alcohol concentration of about 0.056% from the front of the office of the Eup/Myeon/Eup/Myeon, Masan-si to the front of the BUV test site, Yangsan-si.

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. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of a summary order under Acts and subordinate statutes; and

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. The punishment as ordered shall be determined in consideration of all the circumstances indicated in the records, such as the circumstances under the reason for sentencing under Article 62-2 of the Criminal Act, the age, character and conduct, environment of the defendant, and circumstances after the crime;

Unfavorable circumstances: The fact that there are three previous convictions in the same kind, the fact that the distance of drinking driving is long: The fact that one's mistake is recognized and reflected, the fact that the amount of drinking alcohol is not high, there are no criminal records exceeding the fine, and there are no criminal records of the same kind after 2008.

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