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(영문) 울산지방법원 2018.01.24 2017고단4131
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act; on October 14, 2015, the same court issued a summary order of KRW 1,50,000 as a fine for the same crime; and on November 2, 2016, the same court issued a summary order of KRW 5 million as a fine for a crime of violating the Road Traffic Act.

On October 29, 2017, the Defendant driven a B knife vehicle with alcohol content of about 0.172% while under the influence of alcohol without obtaining a driver’s license from around the roads near Ulsan-gu Multi-dong apartment, Ulsan-gu, Seoul-do, to around 100 meters in front of the same knife apartment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

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

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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. The continuous driving of drinking regardless of the punishment for repeating considerable amount of alcohol concentration in normal blood transfusions unfavorable to the contrary that the driver made a statement that it is favorable for the reasons for sentencing under Article 62-2 of the Criminal Act, and that it is against the depth of his/her license for driving without drinking alcohol, does not lead to an accident.

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