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(영문) 울산지방법원 2016.05.13 2016고단287

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2008, the Defendant was punished by a fine of KRW 700,000 for a violation of the Road Traffic Act at the Ulsan District Court on July 16, 2009, a fine of KRW 4 million for a violation of the Road Traffic Act at the Busan District Court on July 16, 2009, and a fine of KRW 10,000 for a violation of the Road Traffic Act at the Ulsan District Court on May 22, 2014.

On February 2, 2016, at around 11:00, the Defendant driven a B tank lorri truck with approximately 10km alcohol content 0.064% under the influence of alcohol from the front side of the apartment apartment with a large image lorriho Lake-si, Ulsan-gun, Ulsan-gun, to the front side of the lorriju-gun.

As a result, the Defendant once or more times in violation of the Road Traffic Act (drinking driving) driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving, and the application of Acts and subordinate statutes regarding criminal experience;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, sex, environment, motive, background, means, methods, and consequences leading to the instant crime, and the circumstances before and after the instant crime, and the conditions of sentencing as stated in the text of the order shall be determined.

A favorable normal condition: A person who has been led to confession and reflected, driving due to the preceding drinking and the result of drinking is not high, there is a family member to support, there is no record of being punished more than a suspended sentence, there is no record of being supported, and there is a family member disadvantageously: A person has a record of being punished for a same crime.