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(영문) 울산지방법원 2020.04.09 2019고단4184

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 April 25, 2018, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

At around 21:40 on October 5, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.050% from the road front of the administrative welfare center located in Yangsan-si B to the front road of the C apartment, while under the influence of alcohol level of about 200 meters.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of sound driving records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

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

1. The punishment against the defendant shall be determined by taking into consideration the circumstances leading to the running of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;