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(영문) 울산지방법원 2020.09.10 2020고단803
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 March 5, 2007, the Defendant received a summary order of KRW 500,000 from the Ulsan District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on November 18, 2015, the same court received a summary order of KRW 1 million as a fine for the same crime.

On January 20, 2020, at around 21:27, the Defendant driven a CB motor bicycle under the influence of alcohol level of about 0.049% from the 3km section of the Defendant’s office in front of the Dong-gu defense Dong-dong, U.S. B apartment to the front road of Ulsandong-gu, U.S. B apartment.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition on drinking once or more times.

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 circumstances leading up to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;

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