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(영문) 울산지방법원 2020.02.07 2019고단3489
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 October 8, 2013, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on November 26, 2014.

【Criminal Facts】

On August 3, 2019, at around 01:54, the Defendant driven a Fsch Rexton car in the state of alcohol alcohol concentration of about 0.235% in the section of about 1km 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 Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, criminal records, etc., and to the application of the provisions of Part III of the 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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have been under the same career of having been punished three times for the same crime, but confessions of the crime in this case and repents of errors, and there is no record of punishment exceeding the fine, and other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc., shall be determined as ordered by the order.

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