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(영문) 울산지방법원 2017.11.23 2017고단3585

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 September 26, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million for the same crime in the same court on May 13, 2014, and a summary order of KRW 5 million for the same crime in the same court on July 3, 2014, respectively.

On September 23, 2017, the Defendant driven B low alcohol leveling from approximately 300 meters away from the front of the U.S. Jin-dong defense unit in Ulsan-dong defense Dong to the roads of Dong-gu Integrated Gas, which are located in the same upper Jin-dong defense zone, to approximately 85 meters away from the 300-meter section, while under the influence of alcohol leveling to 0.065%.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and an inquiry into the following:

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 on the suspended execution;

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