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(영문) 울산지방법원 2016.06.24 2016고단1346

도로교통법위반(음주운전)

Text

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 June 15, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on March 18, 2009, a summary order of KRW 1 million for the same crime at the Busan District Court. < Amended by Act No. 9504, Mar. 18, 2009>

around 18:00 on April 3, 2016, the Defendant driven a passenger car under the influence of alcohol at approximately 0.072% of alcohol level in the section of approximately 3 km-dong, Yangsan-si National Highway No. 35 in order to drive a passenger car under the influence of alcohol at around 18:0 on a two-time basis, while driving a passenger car under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification before drinking driving);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 20

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