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(영문) 울산지방법원 2019.05.22 2019고단741
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

[criminal power] On October 26, 2009, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on July 15, 2015, respectively.

【Criminal Facts】

On February 23, 2019, at around 04:46, the Defendant driven a DNA rocketing car under the influence of alcohol with approximately 10k alcohol concentration of about 0.137% from the 10km section in Ulsan-gun, Ulsan-gun, Ulju to the front road of the same Sinju-gun.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;

1. Reports on the occurrence of the case, and photographs concerning traffic accidents;

1. Previous records before ruling: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (Attachment to summary orders of the same kind as a suspect A), and summary orders of the Ulsan District Act No. 2009 high-class and 20292;

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 the punishment under Article 62-2 of the Criminal Act include all the circumstances revealed in the records, including the accused's age, character and behavior, environment, motive, means and consequence of the crime, and the fact that the accused has led to the crime of this case and has been repented, that there exist two times the criminal records of punishment due to drinking driving, that there exist two times the accused's blood alcohol concentration and values, and other records.

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