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(영문) 울산지방법원 2020.06.05 2019고단5122

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

The defendant was sentenced to a fine of one million won by the Ulsan District Court on September 13, 2010 for a violation of the Road Traffic Act.

At around 03:20 on December 1, 2019, the Defendant driven a C Sti-type car while under the influence of alcohol with approximately 0.113% of alcohol concentration at a section of approximately one kilometer from the site of the New City in Yangsan-si to the front road of the same Si. B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as inquiry about the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver (pre-time) criminal record, etc.;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won and not more than 20 million won] are the crimes punishable not less than ten years, although the defendant was punished twice for the crime of drinking driving, the defendant is led to the crime of this case, and the defendant is led to the confession of the crime of this case, and there is no other record of punishment, and there is no other record of punishment, the defendant's age, environment, minor rearing, the number of alcohol concentration and driving distance, and circumstances after the crime, etc. shall be determined as per the order, taking into consideration various sentencing factors.