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(영문) 울산지방법원 2019.05.07 2019고단426
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 8, 2006, the Defendant was issued a summary order of KRW 500,000 by the Ulsan District Court to a fine of KRW 500,00 for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 for a fine of KRW 1,00 for a violation of the Road Traffic Act at the Ulsan District Court on October 26, 2018, respectively.

【Criminal Facts】

On January 20, 2019, the Defendant, while under the influence of alcohol of 0.071% of blood alcohol level, driven a D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports on confirmation of criminal records A and results of dispositions taken by the suspect), and copies of each summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the criminal defendant);

1. The fact that the driving of a motor vehicle under the influence of alcohol in spite of the history of punishment twice due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act is not good, the distance of the driving under the influence of alcohol is reasonable, and in light of the history of punishment for the same kind of driving under the influence of alcohol and without a license, etc., the liability for the crime is not easy, which is disadvantageous to the defendant, or the defendant appears to have an attitude to recognize and reflect his criminal act, the blood alcohol concentration level is not high, and there is no criminal record exceeding the fine, etc., which are favorable to the defendant.

The age, character and conduct, environment, family relationship, and crime of the defendant.

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