logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.11.27 2020고단3993
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above sentence shall be postponed for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2013, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

Nevertheless, around 00:14 September 7, 2020, the Defendant started from the front of the Gu Ccafeteria located in Ulsan-gu, Ulsan-gu, Seoul-do, and driven a car with approximately KRW 1 km from the road in front of the same Gu D apartment E-dong 1 D apartment E-dong, while under the influence of alcohol content of about 0.172% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report, on-site photographs, inquiry report on the results of crackdown on drinking driving, statement in the circumstances of a drinking driver, and investigation report;

1. Previous records: Application of criminal records, etc. inquiry reports and 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Although there was a history of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the Defendant committed the crime of drinking alcohol in this case, and the fact that the Defendant was driving under the influence of alcohol level 0.172%, which is disadvantageous to the Defendant.

In addition to the judgment of the defendant, only one kind of a fine has been punished for a crime other than the criminal record of drunk driving, and the risk of traffic accidents has not been realized due to this case, and the fact that the defendant is recognized to commit a crime and is against the defendant is favorable to the defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, character and conduct, environment, occupation, motive of the crime, circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.

arrow