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(영문) 울산지방법원 2017.11.29 2017고단3297

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2008, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (drinking driving), etc. at the Daegu District Court and its Daegu District Court and its branch court, on July 3, 2014, issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (drinking driving), and on August 19, 2015, the Defendant was sentenced to two years of a suspended sentence of one year for a violation of the Road Traffic Act (dacting driving) at the Port Branch of the Daegu District Court and its branch court, and was sentenced to two or more years of a suspended sentence.

On September 4, 2017, the Defendant driven BNEW xG car at approximately 150 meters away from the front of the inurnic point of a corporate bank located in Ulsan-gu, Ulsan-do to the front of the chemical service distance in the same Dong from around 150 meters to the roads in the same Dong, while under the influence of alcohol by 0.139% during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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

1. He/she has been sentenced three times to a sentence by driving under the influence of alcohol, two times a suspended sentence, and two times a fine, etc., due to driving under the unfavorable circumstances, the alcohol concentration of which is significant, that is, he/she made a statement that he/she may make a confession and reflect of the favorable circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation and the order to provide community service and the order to attend lectures, and that he/she does not lead to an accident. The repeated punishment also does not improve the crime of driving under drinking, and commits the crime of driving under drinking