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(영문) 울산지방법원 2018.01.25 2017고단4540
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 12, 2012, the Defendant received a summary order of KRW 3,50,000 from the Busan District Court Branch to a fine of KRW 3,50,00 for a violation of the Road Traffic Act (driving), and a summary order of KRW 1,50,000 for the same crime from the Ulsan District Court on December 6, 2017.

On December 2, 2017, at around 07:14, the Defendant driven a CNA-coo car in the state of alcohol alcohol concentration of approximately 0.076% from the section of about 10km to the original-dong IC in front of the Busan Urban Facility Corporation, located in the same city transportation Daegu-dong.

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 14) 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 to mitigate the amount of punishment (Article 55 and Article 55 (1) 3 of the same Act (Article 53 of the same Act does not include the liability for such crime in light of the repetition of the same type of crime, the risk of recidivism, etc., but does not have any record of punishment heavier than the suspension of execution due to the same kind of crime, the fact that the crime is not accompanied by a traffic accident, and other circumstances such as the details of

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. Article 62-2 of the Criminal Act on the observation of protection;

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