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울산지방법원 2019.03.14 2018고단3561

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On July 4, 2011, the Defendant was sentenced to a fine of 1.5 million won at the Ulsan District Court for a violation of the Road Traffic Act (driving) and a fine of 5 million won at the above court on November 22, 2012 for a violation of the Road Traffic Act (driving).

Nevertheless, at around 01:07 on October 21, 2018, the Defendant driven D vehicles under the influence of alcohol content of 0.128% in blood alcohol concentration from the C cafeteria in the north-gu, Ulsan Metropolitan City to the 200 U.S. Y. Y. Y. Y. Y. Y. Y. 200.

Accordingly, even though the Defendant violated the prohibition of drinking driving more than twice, the Defendant once again driven under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the other hand, considering the fact that the defendant's request for disposition of the vehicle was made after committing the crime and the fact that the defendant's age, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime, circumstances after committing the crime, etc., the sentence like the order shall be determined by taking into account the following factors: the execution of the sentence shall be suspended, and community service and lecture attendance order shall be ordered.