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(영문) 울산지방법원 2018.01.05 2017고단3935

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

【Criminal Records of Crimes】 On June 20, 2007, the Defendant was sentenced to a fine of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act (toxicly Driving), a violation of the Road Traffic Act (non-licenseless Driving), a violation of the Road Traffic Act (non-licenseless Driving), a violation of the Road Traffic Act (non-licenseless Driving), a violation of the Road Traffic Act (non-licenseless Driving), and a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”).

【Defendant 1, who committed the crime, had been punished twice due to the crime of violating the Road Traffic Act (drinking), was driving B QM6 automobiles under the influence of alcohol leveling approximately 0.189% from the 100 meters section of alcohol leveling from the road to the front day of the wedding hall in the same Dong-gu, Ulsan-gu, Ulsan-do around October 30, 2017, when he was under the influence of alcohol leveling from around 100 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photograph, a notification of the results of crackdown on the driving of drinking, an inquiry into the results of crackdown on the driving of drinking, and a statement of the

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of 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. 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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the high level of alcohol content among the blood transfusions of this case; (b) the accused has the same electric power and traffic-related punishment force; and (c) other punishment force; and (d) the distance of drinking driving is short.