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(영문) 울산지방법원 2017.10.12 2017고단2943
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 September 1, 2009, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1,500,000 due to a violation of road traffic law at the Ulsan District Court, and on April 13, 2015, the Defendant was issued a summary order of KRW 1,50,000 with a fine of KRW 1,50,000 due to a violation of road traffic law at the Busan District Court

On July 25, 2017, the Defendant driven B SP car under the influence of alcohol content of approximately 200 meters from a section of approximately 200 meters to a spke road located in the Southern-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 22) Acts and subordinate statutes;

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. Articles 53 and 55(1)3 of the Criminal Act to mitigate the volume of a crime (Article 55(1)3 of the same Act) (Article 53 and Article 55(1)3 of the same Act provides that even though not less than the liability for the crime is denied, there is no record of punishment heavier than the suspension of execution due to the same crime until the crime is committed, or it is not accompanied by a traffic accident, or other circumstances such as the details of the crime committed in the records and pleadings and the degree of reflectance, etc.);

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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