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(영문) 울산지방법원 2020.09.11 2020고단2083
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On June 10, 2015, the defendant was notified of a summary order of a fine of one million won by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 02:40 on March 20, 2020, the Defendant driven a motor vehicle at the low-speed level under the influence of alcohol level of about 0.106% in the section of approximately 3km from the road near the East-gu, Ulsan-gu to the front of C in the same Gu.

2. No driver of any motor vehicle, etc. who has violated the Road Traffic Act shall threaten or endanger any other person or cause any danger to traffic by consecutively committing two or more acts, such as the median line or the violation of signals, or by continuing or repeatedly committing one act;

At around 02:40 on March 20, 2020, the Defendant, while driving a D high-speed car and driving it in the direction of the Triang Station located in Ulsan-dong, Ulsan-gu, Busan-do, and receiving 112 a report that there was a drinking-oriented vehicle, and caused danger to traffic by repeating the signal violation and the traffic hazard until it arrives at the front road of the F Hospital located in the same Gu B via the roads in front of the Taecheon-gu, Ulsan-gu, Busan-gu, Police Station Samnam-gu, Busan-gu, which called the above low-speed vehicle, strings the above high-speed vehicle.

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. Each investigation report (Evidence Nos. 13, 14, and 15), on-site photographs at the time of arrest of the respondent, and on-site photographs at the time of arrest of the vehicle, booms, video-recordings and storage DD for patrol vehicles;

1. Application of Acts and subordinate statutes of one copy of a summary order, such as a criminal history report, investigation report, and other summary order;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 151-2 and 46-3 of the Road Traffic Act (the point of sound driving) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Article 37 of the Criminal Code among concurrent crimes.

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