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(영문) 울산지방법원 2019.06.27 2019고단1258
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 power] On March 20, 2008, the Defendant received a summary order of KRW 2.5 million from the Ulsan District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act. On March 9, 2016, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

On March 27, 2019, at around 13:44, the Defendant driven C rocketing vehicles with the blood alcohol concentration of about 0.089% in the section of about 2 km from the Do near Ulsan-gu B golf course to the front road of the Ulsan-gu Steering Senior Citizens Welfare Center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. Probation and community service order Article 62-2 of the Criminal Act, even if the same criminal records and three times of sentencing are identical to the same criminal records, and the criminal liability is heavy.

However, it is decided as per the disposition by taking into account all the sentencing conditions, such as the fact that it is not serious to the degree of being taken, the reflective fact, and driving circumstances.

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