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(영문) 울산지방법원 2019.07.11 2019고단1512
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On April 6, 2019, at around 03:52, the Defendant driven a dial car with a blood alcohol concentration of about 0.143% from the 50-meter section from the Nam-gu Blllle road to the front road of the same Gu C, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a drinking driver, report on the circumstantial statement, investigation report, and report on the control of drinking driving;

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

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

1. Determination in consideration of the fact that probation and community service order have the same criminal records and twice the reasons for sentencing under Article 62-2 of the Criminal Act, the fact that they were dangerous crimes, such as diving while driving in the state of detention, reflects the fact that they are not criminal records exceeding fines, and they are not subject to accident, etc.;

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