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(영문) 울산지방법원 2020.10.23 2020고단1542
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

[Criminal Power] On March 5, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Ulsan District Court.

【Criminal Facts】

At around 23:30 on March 20, 2020, the Defendant driven a car by dice-flusing at approximately 2km from the front of the Culsan store located in the Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do, on the road in front of the Culsan store located in the same Gu B, while under the influence of alcohol content of 0.131%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the situation of a drinking driver (before the market), criminal records, etc., and the application of Acts and subordinate statutes of investigation reports and investigation reports;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime. However, the confession of the crime of this case has been made and the mistake has been divided as well, the defendant's age, environment, blood alcohol concentration and driving distance, etc., and other various sentencing factors have been taken into account, such as the defendant's age, degree of alcohol concentration and driving distance, after the crime, etc., the punishment shall be determined as ordered.

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