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(영문) 울산지방법원 2020.12.03 2020고단2885
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 October 18, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court for the crime of violating the Road Traffic Act.

On June 13, 2020, at around 07:10, the Defendant driven an E-Appurd-pubed vehicle from the north-gu Seoul Metropolitan Government B Studio to the front road of the same Gu C building D to approximately 900 meters, while under the influence of alcohol content of about 0.149%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to the previous and summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the person has long been punished two times (204, 2006) due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the person has high drinking alcohol, the fact that the person has been sentenced to a fine for not less than ten years from the last drunk driver's previous conviction, the fact that the person has no previous conviction exceeding the fine, the fact that the person supports his family while living in his workplace, the fact that the person has disposed of the vehicle and has divided the crime, the reason why the person has driven the drinking,

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