logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.08.30 2017고단1538
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 April 12, 2013, the Defendant received a summary order of KRW 500,000,000 as a fine for a crime of violating the Road Traffic Act, and a fine of KRW 1,50,000 as a fine in the same court on April 23, 2013.

A person who violated the provision on the prohibition of driving under the influence of alcohol two times or more, and once again, the Defendant driven a B-free car under the influence of alcohol with approximately 0.11% alcohol concentration from the section of about 10km to the road adjoining to the 20-dong Yellow Sea, both of which are located in the upper northwest-gu, Yangsan-si, Yangsan-si. 18:45 on April 22, 2017.

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and reflect of the fact that an order to attend a lecture is rendered;

1. Unfavorable circumstances: The fact that the driver caused an accident while driving in a state of drinking and the repeated punishment is not improved, etc.

arrow