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(영문) 울산지방법원 2018.05.01 2018고단762

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

On November 21, 2006, the Defendant was sentenced to a suspended sentence of 8 months due to a violation of road traffic law at the Ulsan District Court, and was sentenced to a summary order of 1.5 million won as a fine in the same court on April 5, 2010.

On March 18, 2018, the Defendant driven B K5 vehicle under the influence of alcohol with approximately 1.3km alcohol concentration of about 0.166% from the front of the bank located in the Dong-gu, Ulsan-gu, Ulsan-do to the front of the golf practice course in the same Dong-dong.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photograph, a report on detection of the driver of the main vehicle, and a written estimate;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. Article 62 (1) of the same Act (Consideration, Circumstances leading to Drinking, etc.);

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