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(영문) 울산지방법원 2020.06.19 2019고단5245
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 November 17, 2019, at around 04:00, the Defendant driven a car in Ccoon with approximately 1 k’s blood alcohol concentration of about 0.246% from around the entrance of the court/public prosecutor’s office, the entrance of the court/public prosecutor’s office, to the three-distance intersection in front of the entrance of the apartment unit B in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiries into the results of the regulation on drinking driving, reports on the circumstantial statement of a drinking driver, consent to blood collection and written confirmation, and response to requests for appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The crime of this case at a disadvantage: The crime of this case is likely to be criticized in that the defendant drives a large distance in the state of high blood alcohol level so that the crime of this case is very heavy, and there is a need to punish the defendant significantly because it constitutes a drinking driving at a level that may pose a serious threat to the life and safety of the defendant and other transport employees due to a traffic accident, etc., and the defendant again commits the crime of the same kind of drinking driving even though there is punishment power in the past.

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