(영문) 울산지방법원 2018.01.17 2017고단3934

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 울산지방법원 2018.01.17 2017고단3934

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 November 24, 2008, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court and its racing support, and on December 12, 2013, the Defendant received a summary order of KRW 5 million for the same crime in the same court.

On October 29, 2017, the Defendant driven a CMW 730d car under the influence of alcohol level of about 0.175% in the 20km section from around 19:45 on a road where it is impossible to know about the 19:45 on the 19:10-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though the power of driving a motor vehicle has been twice or more, again driven the motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

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. A person who has sustained a traffic accident due to a driving of drinking, a driving without a license, and a driving of a traffic accident due to a driving of drinking without a license, despite the punishment for repeating the alcohol concentration substantially repeated in light of the circumstances unfavorable to the statement that he/she made a statement that he/she made a favorable confession and reflects the reasons for sentencing under Article 62-2 of the Criminal Act

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