(영문) 울산지방법원 2020.04.21 2019고단5222

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Reasons

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줄 간격

자간(%)

(영문) 울산지방법원 2020.04.21 2019고단5222

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 May 17, 2010, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million from the same court on December 30, 2010 to a fine for the same crime.

On November 15:00 on November 7, 2019, the Defendant driven a vehicle B (K7) with a blood alcohol content of 0.093% while under the influence of alcohol from approximately 12km to the new intersection-lane 17-1 located in Seosan-dong, Ulsan-gu, Ulsan-gu, 2019.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Application of Acts and subordinate statutes to investigation report (a copy 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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized his mistake and reflects the fact that there is no record of punishment exceeding the fine; (b) the fact that the previous offense was committed for more than nine years; and (c) the fact that the Defendant had been punished three times due to drinking driving under consideration of the circumstances unfavorable to him; and (d) the punishment as ordered shall be determined by taking into account all the circumstances indicated in the records, such as the blood alcohol concentration and the distance of drinking alcohol level, the age, character and conduct, the Defendant’s age, character and environment,

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