beta
(영문) 울산지방법원 2018.10.16 2018고단2603

도로교통법위반(음주운전)

Text

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 30, 2018, the Defendant driven three cargo vehicles with alcohol content of approximately 800 meters from the Ulsan Hospital parking lot located in Ulsan-gu New-dong, Ulsan-gu, Ulsan-do to the prosperity northwest-dong located in the same city and Jung-gu, Jung-gu, Jungdong-gu, and with alcohol content of at least 0.216% from blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking alcohol, making a statement on the circumstances of the driver of drinking, and applying Acts and subordinate statutes reporting the situation of driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 following should be taken into account: (a) the level of alcohol content in blood for the reason of sentencing under Article 62-2 of the Criminal Act is extremely high; and (b) the Defendant was indicted for a violation of the Traffic Act of 2018 high speed and 5679 high speed in the instant case while driving the freight vehicle as indicated in the judgment by drinking only 0.208% of alcohol content in blood immediately before the instant case; and (c) the Defendant was indicted for a violation of the Traffic Act of 2018 high speed and 5679 high speed in the instant case; and (d) there are many other penal records against the Defendant.