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(영문) 울산지방법원 2016.06.29 2016고단1634

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 September 1, 2010, the Defendant received a summary order of KRW 2,50,00,000 as a fine for a violation of road traffic laws (drinking driving) from the Changwon District Court’s Tong-gu branch on September 1, 201, and KRW 5,00,000 as a fine for a violation of road traffic laws (drinking driving).

On May 22, 2016, the Defendant driven a CNS car under the influence of alcohol content of about 0.118% from a section of approximately 200 meters, which is under the influence of alcohol, to the front road of the Geln Halle House located in the upper Dong Dong Dong-dong on May 22, 2016.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: The application of Acts and subordinate statutes after inquiry about criminal history, and reporting of the previous convictions of each disposition;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act ( various circumstances, such as the background of the crime, degree of reflectivity, etc.);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. The community service order under Article 62-2 of the Criminal Act;