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(영문) 울산지방법원 2018.04.12 2018고단339
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 16, 2006, the Defendant issued a summary order of KRW 1 million for the crime of violating road traffic laws (drinking driving) at the Daegu District Court on March 12, 2007, KRW 1 million for the same crime at the Ulsan District Court on March 12, 2007, and KRW 5 million for the crime of violating road traffic laws (drinking driving) at the Ulsan District Court on November 17, 2008.

On February 7, 2018, the Defendant driven Benz’s car at 7 km from the Ulsan-gun’s parking lot, Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., U.S. to the upper half of the 23:30% alcohol concentration at 0.142%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

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

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

2. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds of the following sentencing).

3. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The conditions favorable to the defendant shall be as follows:

There is no criminal history of imprisonment without prison labor or heavier.

2. The circumstances disadvantageous to the defendant shall be as follows:

The level of alcohol is very serious.

Despite the history of punishment several times for the same crime, the crime of this case has been committed.

3. In light of the aforementioned various circumstances, the Defendant’s age, sex, environment, health status, previous convictions, and all other sentencing circumstances revealed in the records, including the motive, means, and consequence of the instant crime, the Defendant’s age, sexual behavior, and health status, and the circumstances after the crime, the sentence is determined as ordered.

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