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(영문) 울산지방법원 2020.12.03 2020고단2972
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 May 13, 2008, the Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act from the Ulsan District Court.

【Criminal Facts】

On June 30, 2020, at least 22:51, the Defendant: (a) driven a F car in the state of alcohol alcohol concentration of about 30 meters from the front of the “C convenience store” road located in Ulsan Northern-gu B to the front of the “Ecafeteria” road located in the same Gu D, thereby violating the provision on prohibition of drunk driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The records of punishment three times due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, ten years or more from the last drunk driver's previous conviction, and there is no previous conviction exceeding the fine, the Defendant's health and economic situation are not good, the circumstances leading to the drinking alcohol and the driving under the influence of alcohol, the Defendant's age and environment, etc.

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