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(영문) 울산지방법원 2017.11.16 2017고단3818

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On March 23, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 3 million for the same crime at the same court on January 11, 2017.

On October 10, 2017, the Defendant driven a ballon with alcohol content of about 0.08% in blood from around 400 meters to the front road in Ulsandong-gu, Ulsandong-gu, Ulsandong-gu, U.S. In the 201st century, from around 21:23, the Defendant driven a ballon with B gallon while under the influence of alcohol content from around 400 meters to the front road.

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. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 12) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (Article 55 and Article 55 (1) 3 of the same Act (Article 53 of the same Act does not include the liability for such crime in light of the repetition of the same type of crime, the risk of recidivism, etc., but does not have any record of punishment heavier than the suspension of execution due to the same kind of crime, the fact that the crime is not accompanied by a traffic accident, and other circumstances such as the details of

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;