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(영문) 울산지방법원 2020.06.11 2019고단5092
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 January 13, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in Daegu District Court racing support, and a summary order of KRW 3.5 million for the same crime in the same court on May 15, 2013, respectively.

【Criminal Facts】

At around 02:08 on November 17, 2019, the Defendant driven a DNA car while under the influence of alcohol content of about 0.103% from the 1km section to the front of the C Hospital located in Yangsan-si from the roads of the International Post Office of Masan-si, Yangsan-si to the front of the C Hospital located in Yangsan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of Part ケ of the summary order;

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

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

1. The records of punishment twice (2010, 2013, 2013) due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Act are as follows: (a) the person who has been sentenced to the suspension of the execution of imprisonment due to the crime of obstruction of performance of official duties; (b) the disposal of the vehicle and the use of public transportation, the fact that the defendant's economic conditions are not good; (c) the reason why the person was under the influence of alcohol and drunk driving;

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