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(영문) 울산지방법원 2019.09.04 2019고단1883
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 December 20, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's branch court's order on December 20, 2007, and a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court's on March 16, 2016.

On May 13, 2019, at around 21:03, the Defendant driven a Dsch Rexton car under the influence of alcohol concentration of approximately 1.5km from the section of approximately 1.5km to the front road of the B B B B B B B in Ulsan-gu, Ulsan-gun, Ulsan-gun, U.S., to the end of the B B B B B B B B B B B B.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the results of the drinking driving control, and the circumstantial statement of drinking drivers;

1. Records of judgment: Investigation report (a report on confirmation of criminal records of the same kind), and application of Acts and subordinate statutes of the same criminal history record;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

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

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

1. Probation, community service order and education order under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents it; the defendant has the same record three times; there is no criminal record exceeding the fine against the defendant; the defendant's blood alcohol concentration level and drinking driving distance; the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and all other circumstances recorded in the records, such as the circumstances after the crime, shall be comprehensively taken into account;

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