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(영문) 울산지방법원 2017.08.17 2017고단2370
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 June 18, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on April 6, 2011, the Defendant issued a summary order of KRW 2.5 million for the same crime at the same court.

On April 12, 2017, the Defendant driven a Dak5 car under the influence of alcohol with approximately 0.086% alcohol concentration from approximately 200 meters to the front of the Dong-dong Ampow apartment in the same Ri, Seogsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do. The Defendant driven a Dok 5 car under the influence of alcohol with approximately 0.086% alcohol content from around 200 meters to the front of the Dong-dong Amp apartment in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (Article 55 and Article 55 (1) 3 of the same Act (Article 53 and Article 55 (1) of the same Act does not relax the liability for the crime in light of the repetition of the crime in the same type, the risk of recidivism, etc., but has no record of punishment heavier than the suspension of execution as a result of the same crime, or a traffic accident is not accompanied by any other matter, and other circumstances, such as

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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