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(영문) 울산지방법원 2016.06.23 2016고단563

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 1, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating road traffic law (drinking) at the Ulsan District Court on August 1, 2008, and a fine of KRW 4 million as a crime of violating road traffic law (drinking) at the same court on July 28, 2013.

[2] Notwithstanding the record of the above crime, Defendant 1 driven a B-hurd car at approximately 70 meters away from the 70-meter section before the Ulsan-gu bathing beach road to the same way, while under the influence of alcohol content of around 22:33 on March 1, 2016 at around 0.070%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report on the circumstances of a driver making a drinking and the results of crackdown on drinking driving;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Act on Reduction of Small Quantity (Article 53 and Article 55) (Article 55 (1) of the same Act (Article 55) (Article 53 and Article 55 (1) 3 of the same Act provides that

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the foregoing reasons);