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(영문) 울산지방법원 2018.06.05 2018고단1078
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On February 15, 2018, the Defendant, while under the influence of alcohol content of 0.121% during blood transfusions, driven Bsch Rexton car at approximately 1 km from the front of the National Bank located in Ulsan-gu, Ulsan-dong to the front of the same 20-way eropo-dong to the front of 20-way eropo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, survey reports on actual condition, notification of the results of crackdown on drinking driving, and statement reports on the circumstances of drivers under driving;

1. Relevant legal provisions, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, the selection of imprisonment;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following conditions in favor of the reasons for sentencing shall be considered).

3. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds for sentencing repeated consideration).

4. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The conditions favorable to the defendant shall be as follows:

One's mistake is divided.

2. The circumstances disadvantageous to the defendant shall be as follows:

The level of alcohol is very serious.

The crime of this case caused an accident.

Despite the history of punishment several times for the same crime, the crime of this case has been committed.

3. In light of the aforementioned various circumstances, the Defendant’s age, sex, environment, health status, previous convictions, and all other sentencing circumstances revealed in the records, including the motive, means, and consequence of the instant crime, the Defendant’s age, sexual behavior, and health status, and the circumstances after the crime, the sentence is determined as ordered.

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