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(영문) 울산지방법원 2017.02.23 2016고단3807
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 29, 2004, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic laws at the Seoul Northern District Court on the grounds of a violation of road traffic laws, etc., and on October 20, 2014, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws at the Ulsan District Court on October 20, 2014.

【Criminal Fact-finding on October 13, 2016, the Defendant driven a Grand Kaol in Bland under the influence of alcohol content of about 0.202% of alcohol content at the section of approximately 12 km from the date of the construction to the front roads of the East Pol in the same month from the date of the construction to the date of the East Polol located in the Geum-si, Yangsan-si on October 13, 2016

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. Response to a request for appraisal;

1. Previous conviction: Inquiry about criminal history and application of summary order-related 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. Consideration, such as the fact that the defendant has already been able to drive drinking two times or more for the reason of sentencing under Article 62-2 of the Criminal Act, and the drinking value is very high, but there is no punishment exceeding the fine for the same kind of crime;

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