beta
(영문) 울산지방법원 2017.09.20 2017고단2116

도로교통법위반(음주운전)

Text

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 July 22, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violating the Road Traffic Act, and a fine of KRW 2 million by the same court on August 25, 2014.

Although the Defendant had been punished twice due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven BM5 cars in the same Dong from the roads near the Korean Electric Power Corporation located in the Southern-dong in Ulsan-gu, Ulsan-si around May 31, 2017 to the roads near the port of logistics. From approximately 200 meters to the roads near the port of logistics, the Defendant driven BM5 cars under the influence of alcohol with approximately 0.125% alcohol level.

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. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and depth are reflected, and there is no previous conviction except for the previous conviction in the judgment;

1. Unfavorable circumstances: A significant alcohol concentration in blood and continuous driving of drinking regardless of repeated punishment, etc.