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(영문) 울산지방법원 2019.08.21 2019고단1565
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

[criminal power] On March 15, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 1 million by the same court on March 2, 2017, respectively.

【Criminal Facts】

On April 8, 2019, at around 21:20, the Defendant driven a DCo-sports car in the state of alcohol alcohol concentration of about 0.098% from the 4km section of approximately 4km to the same Ban-dong Ban-dong Ban-dong street road from the road near Ulsan-gu C in Ulsan-gu, Ulsan-do.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

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

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (a summary order for the same type A case of a suspect);

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 show that the defendant has led to the crime of this case and has been repented, that the defendant has been punished for the same crime two times, that there is no criminal record of punishment exceeding the fine of the defendant, and that there is no criminal record of the defendant, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all other circumstances recorded in the records, such as the degree of blood alcohol concentration and drinking driving distance at the time, driving distance, and other circumstances recorded in the records after the crime

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