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(영문) 울산지방법원 2018.07.18 2018고단1040
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 15, 2010, the Defendant issued a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act (driving) at the Ulsan District Court on March 15, 201, and issued a summary order of KRW 4 million on April 25, 201 to a fine of KRW 4 million for the same crime, etc. in the support of the Sugwon method, and violated the duty of prohibiting driving in drinking condition at least twice.

On April 9, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.143% in the section of approximately 1.5km from 1.5m to 484m to 1.5m to 484m to 1.5m to 1m to 484m to 1m to 2m to 2m to 2m to 3m to 3m to 3m to 3m to 48m to 48m to 4m to 44m to 484 to 4

Summary of Evidence

1. Statement by the defendant in court;

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

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

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. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guideline is not set.

The circumstances that are advantageous: A person who has no record of crime exceeding a fine stated that he/she is confession and in depth: A person who is not subject to continuous punishment but is subject to the central separation of alcohol while driving at a high level of alcohol concentration in the blood, despite the continued punishment, is not improved.

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