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(영문) 울산지방법원 2017.08.30 2017고단1436

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 11, 201, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 5 million for the same crime at the same court on August 22, 2013.

On April 28, 2017, the Defendant driven an E Car with alcohol content of about 0.171% from the 1km section from the road in front of Ulsan-gun, Ulsan-gun, to the road in front of Ulsan-gun, Ulsan-gun, the Defendant driven an E Car with alcohol content of about 0.171%.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

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 point of confession and violation of depth;

(i) Unfavorable circumstances: The fact that two cases, in addition to the previous records of the judgment, have more previous records of drinking, and the repeated punishment is not improved.