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(영문) 울산지방법원 2018.07.18 2018고단1443

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2015, the Defendant issued a summary order of KRW 6 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act, and issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the same court on October 12, 2015.

On April 30, 2018, the Defendant driven a coo vehicle in C at a distance of approximately one kilometer from the indoor swimming pool parking lot in Ulsan-gu, 44 Ulsan-gu, Ulsan-gu, Seoul-do, to the front of the same coosh agreement, while under the influence of alcohol content of 0.13% during blood transfusion at around 20:40.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes attaching the same electric power judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guideline is not set.

A favorable normal: A normal situation in which there is no record of crime exceeding a fine stated that he/she is confession and in depth: The degree of alcohol concentration in the blood is considerably high, not the improvement of the drinking driving, notwithstanding the continued punishment.