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울산지방법원 2019.11.27 2019고단3079

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 December 13, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on March 22, 2012, a summary order of KRW 1.5 million as a fine at the Ulsan District Court was issued, respectively.

On August 16, 2019, at around 22:18, the Defendant driven a DSS3 car while under the influence of alcohol leveling 0.039% of alcohol level at approximately 800 meters on the front road of the C apartment street in front of the C apartment in Yangsan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Criminal records, etc. inquiry reports, investigation reports (verification of the same criminal records as the suspect), and application of 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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are as follows: (a) the accused has led to the instant crime and has been repented; (b) the accused has been punished for drunk driving twice; (c) the accused has blood alcohol concentration and values; (d) the drinking driving distance; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances shown in the records, such as circumstances after the crime, etc.