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(영문) 울산지방법원 2020.11.05 2020고단2302
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 January 13, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.

On May 19, 2020, at around 23:50, the Defendant driven BG car in the state of alcohol alcohol concentration of approximately 0.130% from the section of about 1km to the road near the Yangsan-si, Yangsan-si, Yangsan-si, to the 849 Yangsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more 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 a drinking driver;

1. Application of a summary order under Acts and subordinate statutes; and

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 punishment as ordered shall be determined in consideration of all the circumstances indicated in the records, such as the circumstances under the reason for sentencing under Article 62-2 of the Criminal Act, the age, character and conduct, environment of the defendant, and circumstances after the crime;

Unfavorable circumstances: The fact that there is a previous conviction, the fact that there is a high drinking value: The normal circumstances that are favorable to the fact that one's mistake is recognized, the fact that there is no other criminal record except the fact that the fine

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