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(영문) 울산지방법원 2017.08.04 2017고단1675
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Records of Crimes】 On June 2, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws (drinking driving) at the Ulsan District Court on June 2, 2009, and four million won for the same crime at the same court on January 8, 2014.

【Criminal Defendant is obviously a clerical error in the indictment on April 30, 2017.

around 06:54, in the vicinity of the "Ulsan Women's High School" located in 2-dong, Nam-gu, Ulsan-gu, Ulsan-gu, 2, from approximately 30 meters to the route of the industrial tower located in 2-dong, Nam-gu, Ulsan-gu, Ulsan-gu, the driver driven B Poter cargo with alcohol content of about 0.125% while drunk.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the result of regulating the driving of drinking alcohol, a statement on the situation of the driver involved, and a reply to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act for an order to observe and order the protection falls under the category of three-way driving under the influence of alcohol, the degree of alcohol concentration in blood is not low, and the defendant has the record of punishing two-time fines due to a crime of violating the Road Traffic Act in addition to the punishment history for a crime of violating the Road Traffic Act: Provided, That the distance of driving under the influence of alcohol is short and the defendant reflects the wrongness, etc. shall be taken into consideration.

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