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(영문) 울산지방법원 2020.10.23 2020고단1503
도로교통법위반(음주운전)
Text

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

[criminal power] On March 20, 2017, the Defendant was issued a summary order of KRW 700,000 by the Ulsan District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million by the same court on January 31, 2018.

【Criminal Facts】

On March 21, 2020, at around 00:15, the Defendant driven a felon vehicle with a blood alcohol concentration of about 7 km from a section of approximately 7 km to the front day of the Evex route located in Ulsan-gu D located in Ulsan-gu, Ulsan-gu, Seoul-do, with a blood alcohol concentration of at least 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, criminal records, etc., and the application of two Acts and subordinate statutes of Part II of summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] has been sentenced twice to a fine for the same kind of crime. However, the confession of the crime in this case was made, the mistake was divided, and there was no other record of punishment, and other factors of punishment have been taken into account, such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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