beta
(영문) 울산지방법원 2017.12.14 2017고단3776

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court on May 7, 2007, and a fine of KRW 2 million for the same crime at the same court on April 5, 2010.

【Criminal facts】 On October 9, 2017, the Defendant driven B motor vehicles at KRW 1 km up to the front road of Samsung Apartment apartment located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, under the influence of alcohol content of 0.074% during blood transfusion around October 9, 2017.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 defendant's reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has had the power to drive the drinking of this case two times and repeats the drinking of this case is disadvantageous. However, the alcohol concentration in blood is not significantly high, there is no record of being sentenced to a punishment exceeding a fine for the same kind of crime, for the last seven years, there is no record of driving the drinking, and again, he does not drive the drinking.

taking into account the fact that the disposition is being taken, the sentence shall be determined as ordered.