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(영문) 울산지방법원 2017.11.30 2017고단2490
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 201, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court on September 27, 201, and on November 11, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months for a crime of violating the Road Traffic Act at the Ulsan District Court on November 11, 2015.

On July 15, 2017, around 20:47, the Defendant driven Cinep vehicle under the influence of alcohol with approximately 0.154% alcohol concentration at the 100-meter section from the 105 front road of Ulsan Metropolitan City, Ulsan Metropolitan City Blust City, 105, the apartment of the 105 front road of the 105 East Dong-dong to the 66th degree under the Dong-dong of the same Gu, and the front road of the Plust City, while under the influence of alcohol content at approximately 0.154%.

As a result, the Defendant, who had the power of violating the Road Traffic Act (drinking driving) more than twice, once again driven the said vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 17) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although there are extenuating circumstances such as protection and observation and the probation of community service order under Article 62-2 of the Criminal Act [Sentencing], there are several previous convictions for driving under the same kind of drinking and high drinking value, the crime of probation under the judgment includes a serious crime such as forgery of the signature of the company, in addition to drinking, and the crime of probation under the judgment includes a serious crime such as simple drinking, the occurrence of a traffic accident due to a simple drinking, and other various circumstances, such as reflective attitudes, background of the crime, vehicle disposal, health status, and the condition at the time of detection (hereinafter referred to as the “scambling”).

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