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(영문) 울산지방법원 2017.06.27 2017고단1312
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On December 8, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on August 14, 2009, a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on August 14, 2009, and a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on July 5, 201, and a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

Nevertheless, on February 1, 2017, the Defendant driven B’s low-water car at around 0.136% alcohol level from the 1km section of approximately 1km to the nearest road in the same Eup/Myeon from the old world in front of the non-profit frequency of the trade name in Ulsan-gun, Ulsan-gun, U.S. on February 1, 2017 to the nearest road of the village.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, circumstantial statement of the driver of drinking, response to requests for appraisal, and report on the detection of the driver of drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order of education was sentenced to a fine of three times due to drinking prior to being sentenced to a prior to being sentenced to a fine of three times, and this falls under “the fourth drinking driving,” not only the “fourth drinking,” but also the “fourth drinking,” and the distance of the driving of drinking without the low alcohol concentration in blood. However, the Defendant is only punished by a fine due to interference with the business in 2001, in addition to the fine for driving under the above three times, and the Defendant reflects the wrongness of the Defendant.

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