(영문) 울산지방법원 2018.11.02 2018고단2749

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2018.11.02 2018고단2749

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

【Criminal Records of Crimes】 On February 9, 2015, the Defendant was sentenced by the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) and a fine of KRW 4 million for the same crime at the same court on March 31, 2017.

【The Defendant driven a rocketing car under the influence of alcohol content of approximately 1km from August 30, 2018 to around the road in front of the agricultural and fishery product market located in the same Dong, on the roads adjacent to the terminal sea area located in Ulsan-gu, Ulsan-do around 00:05, to the end of the agricultural and fishery product market located in the same Dong.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. In addition to the record of the crime, the fact that the amount of alcohol concentration among the blood for the reason of sentencing under Article 62-2 of the Criminal Act is high, the record of being sentenced to a fine for violating the Act on Special Cases concerning the Settlement of Traffic Accidents in 2006 exceeds one time, and the fact that the defendant reflects the error, etc. shall be taken into account.

참조조문

유사 판례

-인천지방법원 부천지원 2021.02.26 2020고단4719

-부산지방법원 2021.01.13 2020고단3544

-울산지방법원 2018.11.30 2018고단2744

-울산지방법원 2017.08.22 2017고단2107

-울산지방법원 2017.11.28 2017고단3555