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(영문) 울산지방법원 2020.01.14 2019고단3885
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 24, 2009, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On September 27, 2019, at around 06:25, the Defendant driven an E rocketing car with approximately KRW 5km alcohol concentration at the section of about 0.088% from the front of the Ulsan-gu BUllllll to the D Association located in Ulsan-gu C, Ulsan-gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

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

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

1. Recognizing the facts charged for sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol content is relatively high, and that there is no previous conviction exceeding fines is favorable to the defendant.

On the other hand, the defendant's previous and second times of drinking driving is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.

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