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(영문) 울산지방법원 2020.04.22 2019고단5183
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

On February 1, 2008, the Defendant was notified of a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch branch. On August 27, 2015, the Defendant was notified of a summary order of KRW 4 million as a fine for the same crime at the Busan District Court's Busan District Court.

On November 28, 2019, the Defendant, while under the influence of alcohol on 08:55% of blood alcohol level, driven a BM7 car within approximately 2km from the south-gu, Ulsan-dong to the lower part of the Taedong-dong, Nam-dong, Chungcheongnam-gu, Seoul-dong, and driven a motor vehicle with the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. A statement on criminal records, etc.;

Application of Acts and subordinate statutes of investigation reporting (verification of the same type of power)

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. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: The defendant has led to the crime of this case and has been repented; the defendant has the record of drinking driving twice a fine; the defendant does not cause any additional damage, such as traffic accidents, etc. due to drinking driving of this case; the circumstances leading to drinking driving of this case; and other circumstances revealed in the records, such as blood alcohol concentration and alcohol level at the time of the defendant; the distance of drinking driving, age, character and conduct, environment, means and consequence;

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