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(영문) 울산지방법원 2017.07.10 2017고단2016
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2008, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Suwon Franchising Method Board, and on January 28, 201, the same court issued a summary order of KRW 5 million for a fine of KRW 1 million for the same crime, etc.

On May 21, 2017, the Defendant, a university in Ulsan-gu, Ulsan-gu, 19:45, driven a BM5 vehicle with approximately KRW 5m alcohol concentration from the front side of the 38-dong resident center at 147, to the front side of the same Gu-dong resident center at approximately 0.142%.

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 18) 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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act provides that even though the liability for the crime is not minor in light of the severity of the crime, the risk of repeating the crime, and the degree of drinking water reaches 0.142%, there is no history of punishment heavier than a suspended sentence for the crime of drinking, and traffic accidents are not accompanied by traffic accidents, and various circumstances, such as the details of the crime, driving distance, and degree

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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