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(영문) 울산지방법원 2019.10.16 2019고단2505
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 4, 2008, the Defendant received a summary order of KRW 2.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on July 15, 201, the Defendant received a summary order of KRW 3 million from the same court on July 15, 201.

On June 20, 2019, at around 05:50 on June 20, 2019, the Defendant driven CK3 automobiles under the influence of alcohol 0.117% in a section of about 5km from the road in front of the Ulsan-gu, Ulsan-gu to the same Sinju-gun.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving (five pages of evidence records), the driver himself/herself, and the report on the actual state of his/her drinking driving;

1. Records of judgment: Application of criminal records, reply reports, investigation reports (report on confirmation of the same kind of power) and statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and education order under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents it; the defendant has the same record three times, but there is no criminal record exceeding the fine; the defendant's blood alcohol concentration level, drinking driving distance, circumstances leading to the crime of this case; the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case; and the records, such as circumstances after the crime of this case, shall be determined as ordered in consideration of the following circumstances:

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