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(영문) 울산지방법원 2020.02.12 2019고단3624
도로교통법위반(음주운전)
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 21, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on August 21, 2013.

On September 17, 2019, at around 00:30 on September 17, 2019, the Defendant driven a D low-speed car under the influence of alcohol content of about 0.137% at a section of about 500 meters to the front of the C convenience store located in the front of the C convenience store located in Ulsan-gu New-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, relevant photographs, the master-employed driver's report, and the statement of the actual condition of the driver;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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 sentencing under Article 62-2 of the Criminal Act are to be determined as ordered by considering all the circumstances revealed in the records, such as the defendant's blood alcohol concentration and alcohol level, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the crime, the defendant confessions the crime of this case and repents the criminal of this case, the defendant's history of drinking driving three times, and additional physical damage has occurred due to drinking driving of this case.

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