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(영문) 울산지방법원 2017.09.25 2017고단2720

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 January 24, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act from the Ulsan District Court on January 24, 2013, and filed a petition with the same court on June 8, 2017 for a summary order of KRW 4 million as a crime of violating the Road Traffic Act.

The Defendant, as above, has violated the provision on the prohibition of driving under the influence of alcohol at least twice again, driving the vehicle B in the state of suspension of the driver’s license while under the influence of alcohol at approximately 0.295% of alcohol in the front of the 19:50 Haak-si, Yangsan-si, the upper end of the 19:50 on July 9, 2017, while driving the vehicle B in the state of suspension of the driver’s license under the influence of alcohol with approximately 0.8 km alcohol concentration at approximately 0.295% in the front of the 103-dong-ro, the new flag-based main apartment at around the 19:

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. As a result of inquiry about criminal history, the application of Acts and subordinate statutes of the Criminal Report (Evidence List 16,17);

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that a person makes a confession and reflects on the depth of his/her blood alcohol level: The fact that he/she causes an accident that causes physical damage while driving in the state of drinking; the repeated punishment does not improve the crime of driving alcohol; the last driving of drinking (e.g., May 16, 2017) and the crime of driving alcohol in this case (e.g., July 9, 2017) are very short at intervals.