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(영문) 울산지방법원 2018.09.14 2018고단1359
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 February 26, 2007, the Defendant issued a summary order of KRW 1 million for a violation of road traffic law at the Ulsan District Court, which was issued a summary order of KRW 2 million for a fine of KRW 3 million for the same crime at the Busan District Court on December 3, 2009, and on January 28, 201, a summary order of KRW 4 million for a violation of road traffic law at the Ulsan District Court on January 28, 201.

[2] On April 30, 2018, the Defendant driven a Bkn-kn-kin car under the influence of alcohol leveling of about 0.102% from approximately 50 meters to the roads near the winter-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Accordingly, the Defendant, who violated the prohibition of drinking under the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Inquiry into criminal history, investigation report (Attachment of a summary order with the records of driving a suspect's drinking), and application of a copy of each summary order;

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

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education is that even though the defendant had been punished for driving under drinking not less than twice, the crime of this case is committed, and the nature of the crime is not good, the defendant's blood alcohol concentration is high, and the defendant's criminal liability is not easy in light of the frequency and contents of the same criminal records.

However, the defendant's mistake is recognized and depthed.

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