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(영문) 울산지방법원 2020.06.19 2019고단4906
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 February 3, 2015, the defendant was sentenced to a fine of 1.5 million won by the Ulsan District Court for a violation of the Road Traffic Act (driving).

On November 6, 2019, at around 10:01, the Defendant driven a B G80 car while under the influence of alcohol content of about 0.116% in a section of about 500 meters from the middle-gu, Ulsan-dong to the night distance of about the same 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiries, such as a blood collection appraisal statement and a circumstantial statement of a driver from the driving of the driving of the driving of the driving of the driver, criminal records, etc., and criminal investigation reports;

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. Grounds 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 fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of drinking crime, although the defendant has been accused of committing the crime in this case, the confession of the crime in this case has been made, the mistake has been divided, and there has been no record of punishment exceeding the fine, and other various sentencing factors, such as the defendant's age, environment, blood alcohol concentration and driving distance, etc., shall be determined as ordered by the order.

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