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(영문) 울산지방법원 2017.04.13 2017고단51
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On July 29, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court and the Daegu District Court on December 15, 201, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on December 15, 201.

Nevertheless, on December 11, 2016, the Defendant, at around 21:15, driven a motor vehicle under the influence of alcohol again while under the influence of alcohol, with approximately 200 meters alcohol concentration of at least 0.242% from the section of 200 meters, from the Do in front of a dormitory for the large-scale mining industry located in 696, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, the Defendant, while driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The actual investigation report on traffic accidents;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant, who was sentenced to a fine in excess of the same kind of crime, was physically unable to memory the situation of his driving and caused an accident while driving a motor vehicle under the circumstances where normal driving is impossible, and the risk is high, and the degree of driving the motor vehicle is 0.242%, and the degree of driving the motor vehicle is 0.242% prior to the instant case, the fact that the defendant has already been able to drive the motor vehicle two times of drinking is very unfavorable: Provided, That the crime is closely against the standing, there is no past record of being sentenced to

taking into account the fact that the sentence is being determined as ordered;

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