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(영문) 울산지방법원 2017.08.31 2017고단2737
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 January 19, 201, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking), etc. at the Daegu District Court and racing support, and was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act at the Ulsan District Court on January 10, 2017.

On July 15, 2017, the Defendant, while under the influence of alcohol of 0.096% during blood transfusion, driven a B SP vehicle from around approximately 3km to the nearest road of Ulsan Hospital located in the Southern-gu New-dong, Ulsan-gu, Seoul-do to the industrial tower located in the same Dong.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 16)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (Article 55 and Article 55 (1) 3 of the same Act (Article 53 of the same Act does not include the liability for such crime in light of the repetition of the same type of crime, the risk of recidivism, etc., but does not have any record of punishment heavier than the suspension of execution due to the same kind of crime, the fact that the crime is not accompanied by a traffic accident, and other circumstances such as the details of

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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