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(영문) 울산지방법원 2017.08.30 2017고단1407
도로교통법위반(음주운전)
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 May 22, 2014, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a crime of violating the Road Traffic Act, and KRW 5 million by the same court on December 15, 2014.

On March 18, 2017, the Defendant driven Bi30 automobiles while under the influence of alcohol with approximately 0.126% alcohol concentration from approximately 5km section to the front road of the mountain apartment located in Ulsan-gun, Ulsan-do, the 47-ro, Ulsan-gu, Seoul-do, about 190, to 190, in the blue-do, Ulsan-do, Ulsan-do, Seosan-do.

Accordingly, the Defendant, who violated the duty not to drive alcohol more than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

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

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 point of confession and violation of depth;

1. Unfavorable circumstances: The fact that an accident was caused while drinking alcohol while driving, the fact that the person might have been faced with the heavy accident, and the alcohol concentration in blood is significant, etc.

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