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(영문) 울산지방법원 2020.01.16 2019고단3584
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 21, 2018, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 20, 2019, the Defendant driven an Eloper vehicle while under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.077% from the public parking lot in Ulsan-gun B to the D Association in C, from around 200 meters to the road in the D Association in Ulsan-gun.

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. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes concerning criminal records, US records and results confirmation;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. The defendant's liability is heavy since he/she was punished for the reason of the sentencing of Article 62-2 of the Social Service Order Criminal Act due to the drinking alcohol, and has not been reoffending.

However, it is judged as ordered in consideration of the fact that there is no criminal record of a fine or any reflective fact, etc., and by considering all the sentencing conditions, such as the defendant's age, character and behavior and environment.

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