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(영문) 울산지방법원 2018.10.17 2018고단2384
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

[criminal history] On July 9, 2007, the Defendant received a summary order of KRW 3 million for a violation of road traffic law (driving), and on December 16, 2008, issued a summary order of KRW 4 million for the same crime in the same court on December 16, 2008. On February 23, 2011, the Defendant violated the duty of prohibition of driving in drinking condition two times or more after being sentenced to one year of suspended sentence of imprisonment with labor for the same crime in the Busan District Court.

[2] On August 2, 2018, the Defendant driven B-be under the influence of alcohol level of about 0.056% in the section of about 15km from the 15km to the 0.056% alcohol level in the Gu/Eup of the same Gun from the front of the non-cafeteria of the mutual influence of the Seog-gun, Ulsan-gun, Ulsan-do, Ulsan-do, U.S., Seodo-do to the G-do, Seocheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report and investigation report on the driver at the main place of business;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Reduction of volume (the favorable circumstances described in the grounds for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (amended by Act No. 6231, Jan. 1, 201)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Crimes of violating the Traffic Act on the roads of the sentencing criteria shall be limited to the group of crimes for which the sentencing criteria are not set;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

Confession and reflect on the crime of this case.

The amount of alcohol concentration (0.056%) in blood is relatively low.

The crime of this case was committed more than seven years after the same crime was committed.

◎ 피고인에게 불리한 정상은 다음과 같다.

Many penalties due to driving, such as drinking, driving without a license, etc., and different types of crimes.

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