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(영문) 울산지방법원 2018.03.22 2018고단83

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 May 12, 2010, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court on May 12, 201, and on October 16, 2014, the Defendant violated the provision on prohibition of drinking alcohol driving on at least two occasions, who was sentenced to a suspended sentence of one year for the same crime at the Ulsan District Court on October 16, 201.

On December 20, 2017, the Defendant driven a B lusing car with alcohol content of about 40 meters from a 40-meter section of alcohol to a 0.117% from the 1stm of the same military sowing field 1.6-10-on, which was located in Ulsan-gun, Ulsan-gun, Ulsan-do. Around 13:20, the Defendant driven a lus vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of traffic accidents, a report on the actual condition investigation, field photographs, and a report on the detection of drivers;

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 (Taking into account reflectivity, force of drinking, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;