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(영문) 울산지방법원 2020.05.20 2019고단5238
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[2019 Highest 5238] The Defendant was issued a summary order of KRW 4 million at the Ulsan District Court on November 1, 2006 due to the violation of the Road Traffic Act (driving).

On November 18, 2019, at around 23:43, the Defendant driven a DNA car under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.182% from the section of about 400 meters to the road near the cjuncy distance located in B, on which the trade name in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si is unknown.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

[200 Ma631] On November 18, 2019, the Defendant driven D's low-income car and proceeded into a two-lane road in the Seosan-si in the Seosan-si in accordance with one-lane, Seosan-si, Seosan-si, the Defendant: (a) caused the occurrence of an accident by driving the Gnibb bus in the future of the above bus from the time to 23:27 of the same day; (b) when the victim changed the lane in order to avoid the Defendant's vehicle, the Defendant was driving the bus again in the future of the above bus, and driving the bus in the way of driving the bus in excess of the lane and driving it again.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

[2019 Highest 5238]

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the situation of drinking drivers, and investigation report;

1. A statement on criminal records, etc., investigation report (verification of the same type of force);

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of relevant Acts and subordinate statutes to photographic images;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, and Articles 284 and 283 (1) of the Criminal Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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