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(영문) 울산지방법원 2019.09.04 2019고단2015
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 July 16, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court on July 16, 2008, and was sentenced to a fine of one million won for the same crime in the Yeongdeungpo Branch of the Daegu District Court on May 28, 2009.

On May 26, 2019, at around 00:59, the Defendant driven a d SM5 car under the influence of alcohol content of approximately 0.107% at a two-lane distance prior to the entrance of Yangyang IC, Yangyang-si 60, Namyang-si, Yangsan-si, a two-lane distance prior to the entrance of Yangsan IC.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and education order under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents it; the defendant has the same record twice; the defendant has no criminal record of punishing more than a fine; the defendant does not have any criminal record of more than a fine; the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and all other circumstances recorded in the records, including the defendant's age, character and behavior, the driving distance, drinking driving distance, and other circumstances after the crime, shall be comprehensively taken into account;

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