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(영문) 울산지방법원 2017.01.06 2016고단4293

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 a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2007, the Defendant was punished by a fine of KRW 2 million for a violation of the Road Traffic Act at the Ulsan District Court on February 14, 2007, and a fine of KRW 3 million for the same crime at the same court on October 5, 2009.

Although the Defendant had been punished for drinking twice or more, on November 18, 2016, the Defendant driven B motor vehicles under the influence of alcohol with approximately 0.196% alcohol concentration in the blood alcohol level from around the Ssamdong-gu, Ulsan National University to the same prosperity distance from around the Sogdong-gu, Ulsan National Assembly on November 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning 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 stay of execution (Consideration of crimes, the circumstances and circumstances of defendants, etc.);

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