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(영문) 울산지방법원 2020.09.18 2020고단1406
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 Justice] On October 14, 2019, the Defendant was charged with summary facts with the Ulsan District Court on October 30, 2019, and on February 6, 2020, the above court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On February 2, 2020, at around 07:55, the Defendant driven a DNA-learning car in the state of alcohol alcohol concentration of about 10 meters from the front of the “Ccafeteria” road in Ulsan-gu, Ulsan-gu to the said alleyway.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, report on the situation statement of a drinking driver [the previous record] criminal records, etc., and the application of Acts and subordinate statutes to criminal investigation reports (Attachment to the same type of electric records);

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 a 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 confession of the crime of this case; there has been no other records of punishment, and there has been no other records of punishment, such as the defendant's age, environment, blood alcohol concentration and driving distance, etc., the punishment shall be determined as ordered in consideration of various factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, after the crime.

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