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(영문) 울산지방법원 2019.01.30 2018고단3591
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 3, 2007, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving). On June 11, 2008, the Defendant received a summary order of KRW 2,50,000 from the Ulsan District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving). On June 30, 201, the Defendant received a summary order of KRW 1,50,000 for a fine from the Ulsan District Court to a violation of the Road Traffic Act

【Criminal Facts】

On November 9, 2018, at around 04:50, the Defendant driven a DNA mast vehicle under the influence of alcohol with approximately 5km alcohol content 0.177% from the front of the main point where it is impossible to identify the trade name in the barracks-gu, Ulsan-gu, Ulsan-gu, U.S., to the front road of the C High School located in Ulsan-gu B.

Accordingly, even though the Defendant was punished twice or more as a crime of violation of the Road Traffic Act, the Defendant driven the above math vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the control of drinking driving, investigation report, report on the free will of a drinking driver, and on-site photograph;

1. An appraisal report;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, summary orders of the same kind of power;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration in favor of the reasons for the punishment by discretionary mitigation);

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the reasons for the suspended sentence);

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 are not set for offenses of violation of the Road Traffic Act;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

The defendant confessions and reflects the crime of this case.

There is no criminal penalty force exceeding a fine, and a fine of 1.5 million won is imposed due to a violation of the Road Traffic Act in 2011.

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