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(영문) 울산지방법원 2017.04.13 2017고단75
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 3, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Ulsan District Court on July 3, 2012; and on June 10, 2014, the same court issued a summary order of KRW 3 million for the same crime, etc.; and on June 10, 2014, the Defendant has the same kind of power more than once.

On January 2, 2017, the Defendant driven a B-hand car under the influence of alcohol content of about 2 kilometers from the 2nd Dong office located in Ulsan-gu, Ulsan-do to the front road of the Eup/Myeon located in the same Sin-gun, Ulsan-gun, a criminal offender in the same Sin-gun to the front road of the Eup/Myeon.

As a result, the Defendant, who had a record of violating the Road Traffic Act (drinking) more than twice, driven a motor vehicle under the influence of alcohol again.

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: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;

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 punishment shall be determined as ordered in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, including the fact that he has already been punished for drinking driving three times or more, that he has a high drinking level, that he is in contravention of the unfavorable circumstances, and that he has no record of being sentenced to a punishment exceeding the fine for the same kind of crime;

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