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(영문) 울산지방법원 2017.11.30 2017고단3968

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 June 20, 201, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's branch on June 20, 201, and on August 22, 2011, the Defendant received a fine of 2.5 million won or more from the same court and received a summary order of 2.5 million won or more as a crime of violating the Road Traffic Act (drinking driving).

Nevertheless, on November 7, 2017, the Defendant driven B automobiles under the influence of alcohol content of about 0.068% from the 300-meter section from the 300-meter section to the front road of the East Western-gu, Ulsan-gu, Ulsan-gu, Seoul-do, Seoul-dong, Seoul-gu, Seoul-do, to the front road of the same wedding Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 13) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 55 and Article 55 (1) 3 of the same Act (Article 53 and Article 55 (1) of the same Act does not relax the liability for the relevant crime in light of the repetition of the relevant crime, the risk of recidivism, etc., but has no record of punishment for a period of suspension of execution or higher, or traffic accidents are not accompanied by other circumstances, such as the details of the crime

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;