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(영문) 울산지방법원 2020.11.27 2020고단2324
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 May 16, 2020, at around 21:59, the Defendant driven a DSS5 car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.224% from the 100-meter section to the front road of Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of crackdown on drinking driving and the circumstantial statement of a drinking driver;

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. 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 but not more than 20 million won] are led to the crime of this case, and wrong is divided, and there is no record of punishment exceeding a fine, and the defendant's age, environment, blood alcohol concentration and driving distance, circumstances after the crime, etc. shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, environment, blood alcohol concentration and driving distance, etc.

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