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(영문) 울산지방법원 2018.07.04 2018고단1391
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 October 13, 2013, the Defendant controlled the violation of road traffic law by a police officer of the police station in Ulsan-gu, Ulsan-do, on or around October 13, 2013. On October 24, 2013, by the same police officer of the police station around October 24, 2013, two cases are consolidated, and the Defendant issued a summary order of KRW 5 million for the same crime at the Ulsan District Court on May 22, 2014.

On April 27, 2018, the Defendant driven a BM3 car at a distance of about 50 meters from the roads front of the department store after the department store, in the state of drinking alcohol concentration of 0.163% among blood transfusion around 01:04.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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.

A favorable normal: A normal situation in which there is no record of crime exceeding a fine stated that he/she is confession and in depth: The degree of alcohol concentration in the blood is considerably high, not the improvement of the drinking driving, notwithstanding the continued punishment.

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