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(영문) 울산지방법원 2017.10.31 2017고단3008
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

【Criminal Records of Crimes】 On December 29, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws at the Jung-gu District Court on December 29, 2008, and a fine of four million won for the same crime at the same court on June 19, 2015.

【Around July 30, 2017, the Defendant driven Bone Star Motor Vehicle while under the influence of alcohol with approximately KRW 0.058% alcohol content from the section of approximately 1km from the nearest area in Yangsan-dong in Yangsan-si to the nearest area in Yangsan-dong in Yangsan-si, Yangsan-si to the nearest area in Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Finding and reporting violations of traffic laws on roads, making a statement on the circumstances of drivers of drinking, and making inquiries about the results of regulating drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. To take into account the amount of alcohol concentration and the defendant's records of the same kind and punishment, reflect, and reflect, etc. in the course of sentencing Article 62-2 of the Criminal Act on the grounds of sentencing.

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