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(영문) 울산지방법원 2017.09.14 2017고단2559
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2017, the Defendant driven a lived car with alcohol content of approximately 0.388% in blood while under the influence of alcohol from approximately 200 meters to the front road of the country in which the mail is handled in the apartment house in Ulsan-gu, Ulsan-gu. The Defendant driven a hived car with alcohol content of at least 0.388% in blood at around 16:15 to the front road of the country in which the apartment mail is handled.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to photographs at the time of accident;

1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

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 reason for sentencing under Article 62-2 of the Criminal Act is that there was a very high probability of realizing the risk of driving drinking, such as high alcohol concentration during blood, and causing accidents on the road due to influence of drinking, etc., among the reasons for sentencing under Article 62-2 of the Criminal Act.

However, in light of the fact that the defendant is in depth against his blood alcohol level and seems to have been measured at a higher level than his blood alcohol level due to physical and mental factors, and that he was the first offender who had no criminal history prior to this case, the punishment shall be determined like the order.

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