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(영문) 울산지방법원 2019.09.26 2019고단2473

A defendant shall be punished by imprisonment for not less than eight months.

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


Punishment of the crime

On November 17, 2008, the Defendant received a summary order of one million won as a crime of violation of the Road Traffic Act from the Busan District Court, and filed a summary order with the Ulsan District Court on June 11, 2019 as a crime of violation of the Road Traffic Act, and has a record of drinking driving twice or more.

around 06:00 on June 4, 2019, the Defendant driven a DNA Maz car under the influence of alcohol concentration of about 0.067% from the 1km section from the front of the Yangsan City to the Yangsan City.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records, summary orders, and application of Acts and subordinate statutes applicable to indictment;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that a probation order, an order to attend a lecture, or an order to attend a community service order under Article 62-2 of the Criminal Act was relatively high in blood alcohol concentration on the grounds of sentencing, the fact that a person is driving an intrusion time, and the fact that he/she has not been

On the other hand, the fact that three times of drinking driving power is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.