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(영문) 울산지방법원 2017.06.22 2017고단1249

도로교통법위반(음주운전)

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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

The Defendant received a fine of KRW 2,50,000 from the Ulsan District Court on November 28, 201 to a fine of KRW 2,50,000 due to a violation of road traffic laws, and a fine of KRW 6 million from the same court on July 8, 2013 to a violation of road traffic laws.

On April 13, 2017, the Defendant driven B car volume in the state of alcohol with approximately 0.107% alcohol concentration in blood at approximately 300 meters from the 300-meter section to the intersection in front of the Suwon-dong cancer market at around 01:50, Ulsan-gu, Suwon-gu, Suwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had had a record of having already been punished four times due to drinking driving, repeated driving of drinking of this case, the fact that alcohol concentration in blood is high, and that there are circumstances that may be special consideration in the circumstances of drinking driving.

The punishment shall be determined as ordered in consideration of the fact that it is difficult to see it, such as the unfavorable circumstances, the fact that the crime is closely reflected, and the fact that there is no record of being sentenced to a fine due to drinking driving.