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(영문) 울산지방법원 2017.09.11 2017고단2841
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 July 28, 2010, the Defendant issued a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Busan District Court on July 28, 2010, and a summary order of KRW 6 million as a crime of violating the Road Traffic Act at the same court on August 28, 2012.

On August 16, 2017, around 23:30, the Defendant driven B k7 car while under the influence of alcohol content of about 0.115% from the 1km section to the road located in the same Ri, from the front day of the trade name in the water-Eup in Yangsan-si, Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving drinking (one-time 4);

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

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. Articles 53 and 55(1)3 of the Criminal Act to mitigate the volume of a crime (Article 55(1)3 of the same Act) (Article 53 and Article 55(1)3 of the same Act provides that even though not less than the liability for the crime is denied, there is no record of punishment heavier than the suspension of execution due to the same crime until the crime is committed, or it is not accompanied by a traffic accident, or other circumstances such as the details of the crime, degree of reflect, etc. as shown in the records and pleadings;

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;

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