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(영문) 울산지방법원 2017.09.20 2017고단1748
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court, and on September 26, 2014, the Defendant was issued a summary order of KRW 3 million for the same crime, etc. at the same court.

On April 30, 2017, at around 21:06, the Defendant driven B car under the influence of alcohol content of about 30 meters at a section of approximately 0.121% from the front of the parking lot for the captain in the Busan-gun, Busan-gun, to the front road of the “Fishing singer” located in the same Eup.

As a result, the Defendant once or more drinking driving skills, driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written response to a request for appraisal;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The facts that confession and reflect are made;

1. Unfavorable circumstances: A significant alcohol concentration in blood and continuous driving of drinking regardless of repeated punishment, etc.

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