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(영문) 울산지방법원 2019.10.25 2019고단3302
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 September 13, 2013, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】 On August 25, 2019, around 20:54, the Defendant driven a bold-in car with a blood alcohol content of about 30 meters from a comprehensive playground parking lot in Ulsan-gu, U.S., U.S. to the Dongcheon-gu, U.S., U.S., Nam-gu, U.S., U.S., with a blood alcohol content of about 0.116%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. To refer to inquiries, such as criminal records, and the application of Acts and subordinate statutes, of the accused's legal statement (before trial);

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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on Probation, etc. shall be determined as ordered by taking into account various factors of sentencing, including the accused’s age, environment, blood alcohol concentration and driving distance, circumstances after the crime, etc., and the fact that the accused has led to a confession of the crime of this case and a mistake of mistake, and the previous punishment has been imposed once due to drinking driving, but has been punished not later than six years prior to the crime.

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