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(영문) 울산지방법원 2020.06.12 2019고단4700
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 February 4, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site as well as a summary order of KRW 4 million with the same crime at the Busan District Court on August 29, 2014, respectively.

【Criminal Facts】

On October 15, 2019, around 05:10, the Defendant driven a car again in the state of alcohol with approximately 0.069% alcohol concentration 0.069% from the 1km section to the road in front of Yangsan-si, Yangsan-si, Yangsan-si, Yangsan-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, criminal records, etc., and the application of Acts and subordinate statutes of Part II of summary order;

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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include three times or more of the criminal records of having been sentenced to punishment for the same kind of crime. However, the confession of the crime of this case and the misunderstanding of facts is divided. The same crime is committed before five years and has no record of punishment exceeding the fine, the minor is raising the minor, the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc. shall be determined as ordered by the order.

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