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(영문) 울산지방법원 2019.06.19 2019고단808
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 June 10, 2008, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act. On July 15, 2008, the Defendant received a summary order of KRW 2,00,000 from the Ulsan District Court to a fine of KRW 2,000 as a crime of violation of the Road Traffic Act. On August 23, 2013, the Daegu District Court received a summary order of KRW 6,00,00 as a fine of violation of the Road Traffic Act.

Although the Defendant had been punished twice or more as above, on March 1, 2019, at around 23:55, the Defendant driven a car with the F highest alcohol level of 0.083% under the influence of alcohol level of about 10 meters from the front side of the C convenience store adjacent to the C convenience store in Yangsan-si, to the front road of the “E store” located in D in Yangsan-si, Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Records of judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 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 sentencing under Article 62-2 of the Criminal Act are to be determined as ordered by considering all the circumstances revealed in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., that the defendant confessions the crime of this case and repents, that the defendant was punished for drinking driving four times, that there is no criminal records exceeding the fine, and that there is no criminal records exceeding the fine, and that there is no criminal records.

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