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(영문) 울산지방법원 2017.03.16 2017고단396
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 March 3, 2010, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Busan District Court, and KRW 2 million as a crime of violating the Road Traffic Act at the Ulsan District Court on May 22, 2013.

On January 18, 2017, the Defendant driven B K5 vehicle under the influence of alcohol level of about 0.10% in a section of about 500 meters from the front of an international white apartment located in the front of the white cafeteria located in the city of Busan, Busan, to the front of the international white apartment located in the same Dong, around 23:35, 2017.

After all, the Defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, driven a motor vehicle under the influence of alcohol again.

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 19) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (Article 55 and Article 55 (1) 3 of the same Act (Article 53 of the same Act does not include the liability for such crime in light of the repetition of the same type of crime, the risk of recidivism, etc., but does not have any record of punishment heavier than the suspension of execution due to the same kind of crime, the fact that the crime is not accompanied by a traffic accident, and other circumstances such as the details of

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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