logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.07.23 2019고단5458
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 June 10, 2014, the Defendant issued a summary order of KRW 3 million at the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million at the same court on August 8, 2001 as a fine for the same crime.

On November 21, 2019, at around 14:22, 2019, the Defendant driven a vehicle for riding in B low-est Pest Pest Pesting in the state of alcohol 0.064% of alcohol in the section of approximately 2 km from the front side of the public bathing beach in Yangnam-si to the front side of the new intersection of Ulsan-gu, Ulsan-gu.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on his/her circumstantial statement, criminal records, and criminal investigation reports (verification of the same attached records) as a result of crackdown on drinking driving;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The punishment against the accused shall be determined in consideration of the background leading to drinking and driving under the reason of sentencing, blood alcohol concentration, driving distance, criminal punishment records, conditions after the crime, etc. under Article 62-2 of the Criminal Act;

arrow