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(영문) 울산지방법원 2020.06.19 2019고단4060
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 8, 2009, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and on November 26, 2012, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on November 26, 2012. On March 16, 2015, the Defendant had the record of receiving a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 16, 2019, the Defendant, at around 21:20, driven the said vehicle while under the influence of alcohol at around 50,00, Slsan-gun, Ulsan Coast Guard, 3:50,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00,00.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the situation of drinking drivers, and the use register of drinking meters;

1. Application of three copies of the inquiry report, such as criminal records, investigation report (report on confirmation of the same kind of power), and summary order under the Acts and subordinate statutes;

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;

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