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(영문) 울산지방법원 2017.03.27 2017고단491
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 August 14, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 700,000 as a fine for the same crime in the same court on September 15, 2009, and a summary order of KRW 5 million as a fine in the same court on May 2, 2013.

On February 6, 2017, the Defendant, at around 22:03, driven the said vehicle under the influence of alcohol again, while under the influence of alcohol, driving the said vehicle, where he was under the influence of alcohol, by driving a B car with approximately 2km alcohol concentration of about 0.062% from the 2km section to the front road of the Sukk Dok Dokk Dok-nam-do, Seoul Special Metropolitan City.

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 15) 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 the amount of punishment (Article 53 and Article 55 (1) 3 of the same Act (Article 55 of the same type of crime is not minor in light of the repetition of the same type of crime, the risk of recidivism, etc., but has no record of punishment heavier than the suspension of execution due to the same kind of crime, the fact that the crime is not accompanied by a traffic accident, and other various circumstances, such as the circumstances leading to the crime, degree of reflect

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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