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(영문) 울산지방법원 2017.08.29 2017고단2014

도로교통법위반(음주운전)

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was sentenced to a fine of KRW 1.5 million on August 27, 2007 to a fine of KRW 1.5 million on the same offense in the same court on March 18, 2009, and a fine of KRW 1.5 million on the same offense.

On June 1, 2017, the Defendant, after the agricultural cooperative near Ulsan-gu, Ulsan-gu, Seoul-do, 21:30, driven by the Defendant, from approximately 1km section to the roads in front of the Ulsan-dong, with the alcohol content of about 0.068% in blood, as a sprinkler-gu vehicle, at approximately 0.068%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture are that the Defendant was punished for driving under each drinking in 2004 and 2005, in addition to the two-time drinking punishment for driving under the criminal facts introduced in the judgment of the court below, and the Defendant was punished for driving under each drinking in the year 2004 and 2005. However, this case’s drinking is a five-time drinking driver at the same time as the three-time drinking driving under the influence of drinking. However, this case’s blood content is not high