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(영문) 울산지방법원 2020.06.18 2019고단5461
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 July 1, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on July 1, 2015, and a summary order of KRW 1.5 million for the same crime from the Daegu District Court racing support on January 14, 2009.

【Criminal Facts】

On December 7, 2019, at around 14:20 on December 7, 2019, the Defendant driven a Maz vehicle while under the influence of alcohol content of approximately 0.179% at a section of about 10km from the front side of the east-gu, Ulsan-dong to the same new name-based intersection through the Dong-dong, Ulsan-dong.

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. 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 (suspects' previous records and summary orders);

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. Consideration of the records of punishment twice due to driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act, high drinking level, workplace life and family members to be supported, such as minor children, and the circumstances of driving under the influence of alcohol, etc.;

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