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(영문) 울산지방법원 2020.01.23 2019고단4186
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

[Criminal Power] On September 28, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Ulsan District Court.

【Criminal Facts】

At around 22:50 on October 13, 2019, the Defendant driven B rocketing car under the influence of alcohol content of about 1km from the front of the mutual influent alcohol house in the vicinity of the Gyeyang-dong subway Station in Yangsan-si to the front of the same road in the North East-dong, Northern East-dong to the upper road in the same city.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Requests for appraisal;

1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes concerning criminal records, US records and results confirmation;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment (in consideration of the fact that there are two or more criminal records of the same kind);

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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