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(영문) 울산지방법원 2017.11.09 2017고단3538
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 January 19, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of driving under the Road Traffic Act at the Ulsan District Court, and on May 15, 2009, issued a summary order of KRW 2 million for the same crime at the same court, and on March 24, 201, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the same court.

On August 28, 2017, the Defendant driven BN vehicle under the influence of alcohol leveling 0.104% from a section of approximately 30 meters to a road in the vicinity of the restaurant located in the Southern-gu, Ulsan-gu, Ulsan-gu, Seoul-do, to the front day of the “girst ground for public announcement” in the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 12) 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 amount of punishment (Article 53 and Article 55 (1) 3 of the same Act (Article 555 of the same Act does not relax the punishment for the crime in light of repetition of the same type of crime, the risk of repeating the crime, the drinking level, etc., but has no record of punishment for the crime in the same kind of crime until now, or traffic accidents are not accompanied, and other various circumstances, such as the details of the crime committed in the records

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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