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(영문) 울산지방법원 2020.02.12 2019고단4009
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

On June 18, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, and on September 15, 2009, the same court issued a summary order of KRW 2 million for the same crime, and on October 8, 2013, issued a summary order of KRW 5 million for the same crime at the same court.

On September 29, 2019, around 09:45, the Defendant driven an E-7 vehicle under the influence of alcohol with approximately 150m alcohol concentration of about 0.106% from the 150m section from the south-gu B apartment on the side of Ulsan-gu B apartment to the same Gu C, and from the 150m section to the front road of the D bank industrial tower.

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. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of three copies of criminal records, reference reports, investigation reports, and 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. Probation, community service order and order to attend the course of punishment under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents it; the defendant is three times a drunk driving, but there is no criminal record of punishment exceeding a fine; the circumstances leading to the crime of this case and other circumstances shown in the records, such as the defendant's age, character and conduct, environment, means and consequence, shall be comprehensively taken into account, and the punishment as ordered shall be determined as ordered;

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