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(영문) 울산지방법원 2017.11.22 2017고단3262
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On August 25, 2017, the Defendant: (a) driven a F-test K9 vehicle under the influence of alcohol with a alcohol concentration of 0.208% in an insular section from around 10:32 to before the road located in the south-gu, Ulsan-si; (b) from around 10:32 on August 25, 2017.

2. On August 25, 2017, around 10:32, the Defendant damaged the victim’s property to the extent of KRW 22,00,00 for repair costs to be cut by cutting off the victim’s property by cutting off the victim’s property, which is the parking manager, G, who was the parking manager, while cutting off the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Statement of the police statement related to G;

1. Photographs, etc.;

1. The application of Acts and subordinate statutes concerning investigation reports (reports on failure to attach written estimates);

1. When a person drives a motor vehicle on the charge of the crime at the option of a punishment or at the option of a punishment: Destruction of a punishment pursuant to Article 148-2 (2) 1 or 44 (1) of the Road Traffic Act, damage of a property selected by imprisonment: Article 366 of the Criminal Act, and the option of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria [the scope of the recommended punishment] set forth in the general standards and the lower limit shall be observed in the mitigated area (one month to six months) (special mitigated persons] and the crime of violating the Traffic Act by non-permanent roads (driving). Therefore, the sentencing criteria were not set and supported with respect to the crime of violating the Act on the Traffic of Non-permanent Road;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable normal confession and damage to property shall be made.

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