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(영문) 울산지방법원 2016.08.09 2016고단1903

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for 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

Punishment of the crime

On April 18, 201, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic laws at the Ulsan District Court on April 18, 201, and on September 14, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.

On June 9, 2016, the Defendant: (a) driven a vehicle under the influence of alcohol on the front side of “Seoul Metropolitan City second-class market” located in Ulsan Metropolitan City, Ulsan Metropolitan City; (b) from around 200 meters to the front side of “GS25 convenience store” located in Ulsan Metropolitan City, Ulsan Metropolitan City, the Defendant again driven a vehicle under the influence of alcohol on a person who violated Article 44(1) of the Road Traffic Act by driving a vehicle under the influence of alcohol with approximately 0.203% alcohol while under the influence of alcohol on at least two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking, statement of the circumstances of driving of drinking, and inquiry of the results of regulating driving of drinking;

1. The driver's license ledger and the driver's license ledger;

1. References to inquiries, such as criminal history, and application of the Act on Report of Investigation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. The community service order under Article 62-2 of the Criminal Act;