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(영문) 울산지방법원 2017.09.12 2017고단2459
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than nine 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

Criminal facts

【Criminal Records of Crimes】 On October 8, 2007, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law at the Busan District Court’s branch branch branch, and a fine of KRW 5 million for a violation of road traffic law at the Ulsan District Court on January 28, 2014, respectively.

【Crimes】

1. On July 8, 2017, the Defendant was driving a vehicle from the 4km section to the 3km of the Sinsan-gun, Ulsan-gun, Ulsan-gun, under the influence of alcohol level of 0.107% from blood alcohol level on July 8, 2017.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

2. The Defendant violated the Guarantee of Automobile Compensation Act operated the said B-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, inquiry into the results of regulating driving of drinking alcohol, arrest of the incident, and inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant legal provisions concerning the facts constituting an offense and the driving of an optional drinking of a punishment: Operation of a motor vehicle with no mandatory insurance policy, which is governed by imprisonment, under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the operation of a motor vehicle: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the extent that the punishment is added by the length of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

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. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection observation and attendance order are as follows: (a) the Defendant, in addition to the record of the crime (the driving of drinking in 2014, is driving of a motor vehicle with a reflectd motor vehicle in its holding) in the judgment, in 203.

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