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(영문) 울산지방법원 2019.05.22 2019고단874
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 26, 2006, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act. On August 4, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

Although the Defendant had been punished twice or more as above, on March 9, 2019, at around 00:42, the Defendant driven B Poter cargo in the state of alcohol alcohol concentration of about 0.114% from the 1km section from the roads located in the vicinity of the Nam-gu Busan Metropolitan City, Ulsan Metropolitan City, to the roads above the Nam-gu, Nam-gu, Ulsan Metropolitan City, the Defendant driven the B Poter cargo under the influence of alcohol concentration of about 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving (including details of correction), drinking drivers, circumstantial statements, and investigation report;

1. Records of judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act include all the circumstances revealed in the records, including the accused's age, character and behavior, environment, motive, means and consequence of the crime, and the fact that the accused has led to the crime of this case and has been repented, that there exist two times the criminal records of punishment due to drinking driving, that there exist two times the accused's blood alcohol concentration and values, and other records.

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