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울산지방법원 2020.04.24 2019고단3713

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.


Punishment of the crime

On August 20, 2019, at around 16:26, the Defendant driven a D car under the influence of alcohol by 0.224% of alcohol content from the section of approximately 3km from the 3km to the front road located in the same Gu, on which the trade name of the slot area in the Ulsan-dong defense Dong cannot be known.

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. Although the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act is poor in terms of the defendant's blood alcohol concentration at 0.224%, the defendant confessions the crime of this case, repents the crime of this case, has no record of being punished for drinking driving, and other various sentencing factors, such as the defendant's age, environment, family relationship, and circumstances after the crime, etc., are considered to be determined as ordered by the order.