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(영문) 울산지방법원 2017.06.22 2017고단1194
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

【The Defendant was issued a summary order of KRW 2 million by the Ulsan District Court on December 9, 201, with a fine of KRW 2 million due to a violation of road traffic laws (driving), a summary order of KRW 2.5 million by the same court on May 22, 2012, and a summary order of KRW 5 million by the same court on January 28, 201, due to a violation of road traffic laws (driving).

【Criminal facts】 On February 12, 2017, the Defendant driven a B-wing and cocoin Ⅲ in the state of alcohol alcohol concentration of about 100 meters at approximately 0.134% during blood while under the influence of alcohol from the front side of the Dong-dong Alfow Scari-gun, Ulsan-gun, Ulsan-do to the parking lot within the above Dong-dong A-dong Amcari-gun.

Accordingly, the Defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driving the said van under the influence of alcohol again.

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: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;

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. Although the defendant had been punished for driving under drinking three times for the reason of sentencing under Article 62-2 of the Criminal Act, repeating the crime of this case is disadvantageous circumstances, or in this case, considering the fact that it was discovered while driving a short distance for parking after the substitute driving arrived at the home, the punishment as ordered shall be determined.

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