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(영문) 울산지방법원 2017.08.23 2017고단986
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 30, 2009, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic laws (drinking), etc. at the Changwon District Court's Jinju branch on November 30, 2009, and a fine of KRW 7 million due to a violation of road traffic laws (drinking) at the Ulsan District Court on January 14, 201, respectively.

On March 19, 2017, the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.127% from a portion of approximately 2km to the front road of the “Cheong vibration Sea” located in the Cheongdo-dong, Ulsan-gun, Ulsan-gun, Ulsan-do Cheongdo-ro, Seoul-do Cheongdo-ro.

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. 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that confessions and reflects the depth, and that the driver does not cause an accident due to drinking driving;

(i) Unfavorable circumstances: A repeated punishment is also repeated driving, and traffic-related criminal records are very high, in addition to the previous conviction in the judgment, and the concentration of alcohol in blood is substantial.

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