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(영문) 울산지방법원 2017.06.21 2017고단757
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 5, 201, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court on July 5, 201, and on May 12, 2015, a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Busan District Court on May 12, 201, and was punished on two or more occasions for a crime of violating the Road Traffic Act.

Nevertheless, on March 8, 2017, the Defendant, while under the influence of alcohol 0.174% during blood transfusions, driven a Cchip car at approximately 15 meters from the parking lot of a civil petition office in Yangsan-si to the front of the above civil petition office without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

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

1. Article 148-2 (1) 1, Article 44 (1) (not less than three times of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 fact that the confession, the serious reflectivity, the fact that there is only a previous conviction of a fine, or the fact that there is no special accident due to drinking driving;

(i) Unfavorable circumstances: The repeated punishment continues to commit the same kind of crime; the driving of drinking, the previous driving without a license, and the amount of alcohol concentration in blood, other than the previous convictions indicated in the judgment, are more than once every time; and the amount of alcohol concentration in blood is considerable.

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