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(영문) 울산지방법원 2017.09.21 2017고단2235
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

On May 7, 2007, the Defendant issued a summary order of 700,000 won to a fine for a crime of violating road traffic laws at the Ulsan District Court, and on August 25, 2014, a fine of 1 million won or more to a crime of violating road traffic laws at the Ulsan District Court on August 25, 201, and was punished on two or more occasions as a crime of violating road traffic laws.

Nevertheless, on May 21, 2017, the Defendant driven a vehicle B with approximately 10 meters from the front side of the Busan Dong-dong public parking lot to the front side of the same Dong-dong public parking lot under the influence of alcohol content of 0.108% among blood transfusion around 00:32.

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: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a summary order, etc.);

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. It is very unfavorable that the defendant already has the ability to drive drinking alcohol three times for the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, and in particular, the defendant tried to have the investigative agency and court mitigated punishment due to the false statement that he/she has failed to drive by proxy.

However, in consideration of the fact that there is no record of being sentenced to a fine exceeding a fine for the same crime, and that the drinking volume is not significantly high, the punishment shall be determined as per the order.

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