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(영문) 울산지방법원 2017.09.20 2017고단2032
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2015, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on April 8, 2015. On August 10, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court on August 10, 2016. On September 7, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime.

On June 12, 2017, the Defendant driven B 100cc Austria under the influence of alcohol while under the influence of alcohol 0.111% while under the influence of alcohol, without obtaining a motor device license from a riverside located on the Cheongsan-gun, Ulsan-si, Ulsan-si to the front road of the Kabu Center located on the same side.

As a result, the Defendant, without obtaining a bicycle driver's license, once or more, driven a motor vehicle under the influence of alcohol in violation of the provision on prohibition of drinking under the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving under the influence of alcohol not less than three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The point that confession is made and the depth is reflected;

(i) Unfavorable circumstances: The fact that alcohol concentration in blood is considerably high, the fact that a person continues to drive alcohol despite repeated punishment, and the driver is subject to minor punishment;

I think.

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