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(영문) 울산지방법원 2019.09.18 2019고단2112
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

The Defendant was sentenced to a fine of one million won by the Ulsan District Court on April 26, 2010 for a violation of the Road Traffic Act, and was sentenced to a fine of one million won by the same court on March 13, 2014.

On May 21, 2019, at around 21:18, the Defendant driven a DNA-si car in the state of alcohol alcohol content of about 0.115% at a section of about 10km in front of a mutual influent restaurant located in the Nam-gu, Ulsan-gu, Ulsan-gu, and the front road located in B of Dong-gu, Dong-gu, Dong-gu.

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. Records of judgment: Application of criminal records, reply reports, investigation reports, and statutes;

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: The defendant confessions the crime of this case and repents the crime of this case; the defendant has been punished for the same crime of this case two times, but there is no criminal records exceeding the fine; the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all other circumstances recorded in the records, including the defendant's blood alcohol concentration and values, drinking driving distance at the time of the crime; and the defendant's age, character and behavior, environment, motive and consequence of the crime;

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