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(영문) 울산지방법원 2017.11.21 2017고단3716

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

On December 22, 2006, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch, and a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court’s Daegu District Court’s Daegu Branch on May 13, 2009.

Nevertheless, the Defendant, on September 5, 2017, driven a vehicle under the influence of alcohol at approximately 0.091% of alcohol level during blood in the section of approximately 5 kilometers from the Ulsan-gu Hodong to the Jungsan-dong located in Ulsan-gu, Ulsan-do, Ulsan-do, the Defendant again driven a vehicle under the influence of alcohol by a person who violated Article 44(1) of the Road Traffic Act two times or more and has violated Article 44(1).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of investigation reports (examination of the same kind of power – Application of Acts and subordinate statutes making drinking;

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 include not only the case where the defendant was sentenced to a suspended sentence of imprisonment for the crime of violating the Road Traffic Act, but also the case where the defendant was sentenced to a suspended sentence of imprisonment for the crime of violating the Road Traffic Act at the immediately preceding time. However, this case is the case where the amount of alcohol concentration among the blood transfusion of this case is not very high, but also the case where the defendant sold the motor vehicle as indicated in the judgment after this case, and against the mistake of the defendant.