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(영문) 울산지방법원 2017.08.17 2017고단1979
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2010, the defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act at the Busan District Court on May 24, 201, and a fine of three million won for a crime of violating the Road Traffic Act at the Busan District Court on June 16, 201, and was sentenced to a summary order of three million won for a crime of violating the Road Traffic Act at the Busan District Court on more than two occasions.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.146% in blood around 01:5 on June 8, 2017, driven B-type cargo vehicles from the front of the mountain basin in the 6-lane in Yangsan-dong, Yangsan-dong, Yangsan-si, Yangsan-si, in the same city to the front road of the light apartment located in 709 in the same city.

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. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

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 sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant for the reason of sentencing two times, even though the Defendant has already been punished due to drinking alcohol driving, and the degree of drinking is considerably high, it is very unfavorable, or contrary to the circumstances, and there is no record of having been sentenced to a fine exceeding the fine due to the same crime, and the fact that there has been no record of drinking alcohol driving for the last five years or more shall be determined as per the disposition.

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