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(영문) 울산지방법원 2017.09.13 2017고단1600
도로교통법위반(음주운전)등
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 October 24, 2008, the Defendant issued a summary order of KRW 3,500,000,000,000,000 from the Changwon District Court’s Tongwon District Court’s territorial branch on March 23, 2015 to a fine of KRW 4 million for the same crime, respectively.

On May 14, 2017, the Defendant driven a C-A-hurd-hurged car under the influence of alcohol content of about 0.099% 0.09% in blood alcohol level on the front of the “CU convenience store in Ulsan-gun, Ulsan-gun, Eup, and the “CU convenience store” located in the old shopping district.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

On July 2, 2017, the Defendant, around 19:10 on July 2, 2017, driven a vehicle from CA-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving of a motor vehicle under the influence of alcohol at least three times on the basis of relevant provisions of the Act and punishment: Operation of a motor vehicle under the influence of alcohol on the road traffic, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, a license without prison labor: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and a license without prison labor: Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the period of both crimes is aggregated);

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that confessions and reflects depth, the fact that no criminal record exists in addition to the previous convictions, and the occurrence of personal damage does not occur;

(i) Unfavorable circumstances: alcoholic beverages.

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