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(영문) 울산지방법원 2018.03.21 2017고단4474

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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 December 27, 2010, the Defendant received a fine of KRW 1,50,000 from the Ulsan District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4,50,000 for the same crime at the Seoul Northern District Court on April 21, 2015.

On October 19, 2017, around 06:15, the Defendant driven B-te-te-te-te-te-te-te-te-te-te-te-te-p-te-p-p-p-p-p-p-n-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 circumstances: A very high level of alcohol concentration in blood before and after the judgment that the drinking driving is not improved, notwithstanding the continued punishment, in a situation where the degree of alcohol concentration is not high among the blood transfusions stated that they are confession and in depth and are not higher than a fine: