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(영문) 울산지방법원 2017.03.16 2017고단434

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 November 20, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on September 15, 2009, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court. On January 17, 2011, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

On January 8, 2017, the Defendant driven a BN motor vehicle owned by the Defendant under the influence of alcohol content of 0.247% from the front of the Sung apartment road in the Dong where the application was filed in Ulsan-gu, Ulsan-do to the front of the two villages located in the same Gu and in the front of the same Gu.

Accordingly, the Defendant, who violated two times or more due to drinking driving, was driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 14) 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 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that although the punishment for a crime of the same kind is not less than 0.247% in light of the repetition of the crime, the risk of repeating the crime, and the drinking volume, etc., the punishment for a crime of the same kind is not less than 0.247%, the fact that there is no past record of punishment for a crime of the same kind, or a traffic accident is not accompanied by any other

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