(영문) 울산지방법원 2017.11.17 2017고단3207

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(영문) 울산지방법원 2017.11.17 2017고단3207

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Records of Crimes】 On July 17, 2012, the Defendant was sentenced to a fine of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a fine of KRW 2 million by the same court on March 17, 2017.

【Defendant Inasmuch as the aforementioned crime was punished twice due to the violation of the Road Traffic Act (driving of Drinking), Defendant 1 driven B rocketing car under the influence of alcohol 0.191% in the direction of the 0.1% alcohol level on the front of the 68 Gulnam-gu Property of Ulsan Nam-gu on August 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident occurrence report, a survey report on actual condition, a field photograph, a statement on the circumstances of the driver at the main place, and a report on the detection of the driver at the main place;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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. 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. In light of the following: (a) the level of alcohol concentration is very high in the blood for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the distance of driving under drinking is shorter; (c) the Defendant was sentenced to a fine for a violation of road traffic law in 2000 in addition to the criminal records stated in the judgment; (d) a violation of road traffic law in 2001; and (e) a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; and (e) a fine for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents was imposed; and (e) the said fine falls under the fifth-class driving under the fifth-class driving under the influence of alcohol at the same time

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