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(영문) 울산지방법원 2020.06.18 2020고단1159
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 November 17, 2015, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

At around 00:30 on February 22, 2020, the Defendant driven a B rocketing car under the influence of alcohol content of about 70km from the 70km section to the road at a point of 112.3km away from the Gu-U.S. roads adjacent to the Gu-U.S. roads located in the Gu-U.S. Si-si, Si-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. 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 the investigation report (same-class power);

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 grounds for sentencing under Article 62-2 of the Criminal Act include all the circumstances revealed in the records, such as the blood alcohol concentration and drinking alcohol level, the age, character and conduct, environment and circumstances of the defendant, although the defendant has been subject to punishment once for drunk driving, there is no other criminal record, the punishment as ordered shall be determined in full view of all the circumstances as shown in the records;

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