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(영문) 울산지방법원 2020.05.20 2019고단3635
도로교통법위반(음주운전)등
Text

A 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

On August 14, 2009, the Defendant issued a summary order of KRW 3.5 million to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million to a fine in the same court on May 16, 2012.

At around 19:20 on September 4, 2019, the Defendant driven a F rocketing car without a driver’s license, while under the influence of alcohol 0.106% of alcohol level from the front of the C cafeteria located in Yangsan City B to the front of the E cafeteria located in the same city.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. The driver's license ledger;

1. Application of three copies of the criminal history records, inquiry reports, court rulings, and summary orders in total;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 confessions himself/herself and repents the crime of this case; the defendant has the record of drinking driving and driving without a license three times each; and the defendant has the record of blood alcohol concentration level; drinking and driving without a license; his/her age; his/her age; his/her character and behavior; the motive, means and consequence of the crime; and all other circumstances recorded in the records, such as the circumstances after the crime, shall be comprehensively taken into account;

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