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(영문) 울산지방법원 2018.06.26 2018고단1571

도로교통법위반(음주운전)등

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

Reasons

Criminal facts

On November 12, 2007, the Defendant issued a summary order of KRW 2 million as a fine for a crime of violating the Road Traffic Act at the Ulsan District Court, and on August 17, 2017, the above court issued a fine of KRW 2 million for the same crime.

On April 22, 2018, at around 20:55, the Defendant driven B-low-income cars under the influence of alcohol concentration of 0.077% in blood without the driver’s license from the front of the influent restaurant in the vicinity of a bus terminal located in Yangsan-si, Busan-si to the lower end of the same public playground located in the north-dong in the same city.

Summary of Evidence

1. The defendant's legal statement; 1. The statement report on the situation of the driver in charge, and the detection of any violation of road traffic laws;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 (Consideration of reflector, influence of drinking driving, etc.);

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