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(영문) 울산지방법원 2017.09.25 2017고단3103
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 3, 2009, the Defendant issued a summary order of KRW 700,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00

Although the Defendant had been punished twice as a crime of violating the Road Traffic Act (drinking) as above, on July 25, 2017, the Defendant driven a B earth and car under the influence of alcohol level of about 0.11% from the 50-meter section from the front of the restaurant located in the south-gu Seoul Metropolitan City, Ulsan-gu, the same month from the day before the restaurant at the same time to the front of the road in the same Dong and the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 13) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the volume of a crime (i.e., repeated crimes of the same kind, including a suspended sentence, the risk of repeating a crime, and the degree of drinking alcohol up to 0.11%). However, although the crime is not less than the liability of the crime, the crime is not accompanied by time interval or traffic accidents with the crime of the same kind of suspended sentence, and other circumstances, such as the details of the crime committed in the records and pleadings, and the degree of reflect attitude;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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