beta
(영문) 울산지방법원 2016.05.10 2016고단673

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 March 12, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on September 2, 2014, respectively.

On March 15, 2016, at least 14:45 on March 15, 2016, the Defendant drives a vehicle under the influence of alcohol again, while under the influence of alcohol, from the construction site of the tin-dong elementary school located in the boundary of the Yancheon-dong, Seocheon-dong, Busan, to the front intersection of the 7km Hyundai apartment located in the Seocheon-dong, Seocheon-dong, Ulsan, the Defendant was punished twice or more for a violation of the Road Traffic Act (drinking under the influence of alcohol) by driving a vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. Each photograph;

1. Results of collecting national and aquatic blood;

1. Each investigation report and internal investigation report;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;