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(영문) 울산지방법원 2017.11.07 2017고단3238

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, at the Ulsan District Court on December 6, 2013, committed a violation of the Road Traffic Act (drinking driving), is a person who has the same criminal record as a fine of KRW 2 million in the same court on May 25, 2016, and has violated the prohibition of drinking at least twice.

On September 2, 2017, the Defendant driven a BN coo-si car under the influence of alcohol with approximately 0.122% of alcohol concentration at approximately 300 meters from the entrance of the solar apartment in Ulsan-gun, Ulsan-gun, Ulsan-do to the front road of the gas station Gap, located in the 640th half of the same face.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and an inquiry into the following:

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting 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. 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;

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;