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(영문) 울산지방법원 2017.04.27 2017고단92
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 10, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and three million won for the same crime at the same court on December 30, 201, respectively.

【Criminal fact-finding on November 20, 2016, the Defendant driven B car sirens at the section of approximately 2.5km from the front of the rooftop distance in Ulsan-gu, Ulsan-dong to the front of the same cU convenience store located in the same Gu, while under the influence of alcohol level of 0.172% during blood transfusion around 05:45.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving, inquiry about the results of crackdown on drinking driving, and response to a request for appraisal;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has already been able to drive drinking two times, and the fact that the drinking level is considerably high is contrary to the circumstances or depth, there is no record of being sentenced to a fine exceeding the fine due to the same kind of crime, the place of the above driving seems to use the substitute driving until the place of the driving, and the frequency and duration of the entire drinking driving, etc. are considered to be determined as per the disposition;

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