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(영문) 울산지방법원 2018.03.21 2017고단4494

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 26, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court, and on November 30, 2017, the Defendant requested a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) to the Ulsan District Court.

Nevertheless, on November 29, 2017, the Defendant driven DMW car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.069% from a section of 200 meters from the Do to the military base front of the military base located in the same Dong-dong, Ulsan-gu, Ulsan-gu.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice without a driver’s license, and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (examination of drinking driving force);

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. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guideline is not set.

A favorable normal: A normal situation in which it is stated that the degree of alcohol concentration exceeds a fine that is not high among the blood transfusions made by confession and depth: A person who is not subject to a continuous punishment shall not be improved, notwithstanding the continued punishment; despite the fact that the driving of alcohol is controlled on November 16, 2017 in a state of drinking 0.061% of alcohol concentration in the blood, he/she does not even go beyond two weeks from the fact that the driving of alcohol is controlled on November 16, 2017.