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(영문) 울산지방법원 2017.04.13 2017고단96
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

【Criminal Records of Crimes】 On September 10, 2007, the Defendant received a summary order of a fine of one million won or more due to a violation of road traffic laws at the Ulsan District Court, and on May 8, 2015, a fine of four million won or more due to a violation of road traffic laws at the Daegu District Court.

【Criminal fact-finding on December 14, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.183% in a section of approximately 1 kilometer up to a shooting distance, unlike in the same Dong on the roads near Samsung Apartment apartment located in the Nam-gu, Ulsan-gu, Ulsan-gu.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving 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. The actual investigation report on traffic accidents;

1. Previous conviction: Inquiry about criminal history and application of summary order-related 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. Standing members who are disadvantageous to the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, that the defendant has already been able to drive alcohol twice or that the amount of alcohol content in blood is 0.183%: Provided, That the defendant has no record of being sentenced to a fine exceeding a fine due to drinking driving, and there is no record of being sentenced to a punishment exceeding a fine due to drinking driving, and the number of times of detection of drinking alcohol during the last ten years shall be determined as ordered by taking into account the fact that the number of times of detection

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