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(영문) 울산지방법원 2020.04.24 2020고단514
도로교통법위반(음주운전)등
Text

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

On January 9, 2020, the Defendant was charged with summaryly committing a violation of the Road Traffic Act in the Ulsan District Court on January 9, 2020.

【Criminal Facts】

At around 07:40 on January 25, 2020, the Defendant driven an E-5 car under the influence of alcohol leveling 0.089% from a section of about 300 meters from the front of the B Apartmentdong, Yangsan-si to the front road of the said apartment complex D, with a blood alcohol leveling from around 00 meters.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

The defendant was indicted on January 9, 2020 by summaryly committing a violation of the Road Traffic Act in the Ulsan District Court on January 9, 2020, and on February 12, 2020, the defendant was not detained for the same crime in the same court on February 12, 202, and is currently pending in the trial.

【Criminal Facts】

On February 8, 2020, at around 03:08, the Defendant driven an E-5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.114% without obtaining a driver's license from the front of G in Yangsan-si F to the first road located in Yangsan-si H, Yangsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

"200 Highest 514"

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident;

1. Inquiries about the results of crackdown on drinking driving;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Investigation report (verification of CCTV images and entry into an apartment);

1. For previous records of judgment: Criminal records, etc. inquiry report, reporting of previous records of dispositions and results of confirmation, and one copy of indictment "20 high-level 924";

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Ledger of driver's license and details of disposition for cancellation;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records, etc., and the application of Acts and subordinate statutes to inquiry reports and investigation reports (attached to identical criminal records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (a point of sound driving) concerning facts constituting an offense, and Article 152 subparagraph 1 of the Road Traffic Act;

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