beta
(영문) 울산지방법원 2016.06.30 2016고단1447

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 May 6, 2010, the Defendant was sentenced to six months of imprisonment or two years of suspended execution due to a violation of road traffic law at the Ulsan District Court, and on September 23, 2013, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of road traffic law at the same court.

The Defendant, as above, has violated Article 44(1) of the Road Traffic Act twice or more, driven C Poter in the state of under the influence of alcohol content of 0.116% from the front of a mutual influent restaurant located in Ulsan-gu, Ulsan-gu, Ulsan-do to the road following the Seodong-dong apartment located in the same Dong from April 19, 2016 to the road following the Seodong-dong apartment located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, notification on the results of crackdown on the driving of drinking, and inquiry into the following:

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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;

1. The community service order under Article 62-2 of the Criminal Act;