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(영문) 울산지방법원 2017.10.26 2017고단3330
도로교통법위반(음주운전)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Ulsan District Court on September 9, 2013, issued a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Ulsan District Court on September 9, 201, and the same court on October 14, 2014, issued a summary order of KRW 4 million for the same crime and violated the prohibition of drinking at least twice.

On August 16, 2017, the Defendant driven C K7 vehicle under the influence of alcohol content of about 0.175% while under the influence of alcohol without obtaining a driver’s license from around the 3km-gun, Ulsan-gun, Ulsan-gu, Seoul-do, to the roads in the postal administration zone in Ulsan-gu, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 13) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (Article 55(1)3 of the same Act, taking into account the following factors: (i) the repetition of and time relevance to the same type of crime, the risk of repeating the crime, and the degree of drinking alcohol up to 0.175%; (ii) the fact that there is no record of criminal punishment heavier than the suspension of execution due to the same crime until then, or that there is no accident, or that there is no accident; and (iii) other circumstances such as the details of the crime

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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