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(영문) 울산지방법원 2019.09.25 2019고단2222
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 February 24, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Ulsan District Court on February 24, 2009, and was sentenced to imprisonment for three years at the Ulsan District Court on September 9, 2010.

On April 25, 2019, at around 04:00, the Defendant driven a e-car with low alcohol level of about 1km in the section of approximately 0.111% under the influence of alcohol, from around 04:0 to around D market.

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A survey report on the actual condition, a field track, and a photographic image;

1. The circumstantial statement of a drinking driver, notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on the confirmation of criminal records of the same kind) 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. 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: The defendant confessions himself/herself and repents the crime of this case; the defendant has the same record (the record of having been sentenced to imprisonment for a death accident due to his/her driving) twice; the defendant's blood alcohol concentration and values at the time of his/her driving; his/her age, character and behavior, environment, motive, means and consequence of the crime; and all other circumstances revealed in the records, such as the defendant's age, character and behavior; the distance of drinking driving; and other circumstances after the crime;

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