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(영문) 울산지방법원 2017.07.20 2017고단1516
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 Records of Crimes】 On March 5, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating Road Traffic Act (drinking) at the Ulsan District Court on March 5, 200 and KRW 3 million as a fine in the same court on May 31, 2012.

【Criminal fact-finding on March 25, 2017, the Defendant driven BMW car from around 1km to around 560, 95-117, an Eup/Myeon-ro 560-ro e.g., e., e., e., e., 000, while under the influence of alcohol at around 03:05 on March 25, 2017.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment to the same type of summary order, etc.);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the 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 punishment as ordered shall be determined by taking into account the following circumstances: (a) even though the defendant has had three times the driving force of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the repetition of the crime of this case; (b) the degree of drinking alcohol is considerably high; or (c) the defendant is against the law; and (d) there is no record of being sentenced to a

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