beta
(영문) 울산지방법원 2018.09.06 2018고단1787

도로교통법위반(음주운전)

Text

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 June 3, 2018, the Defendant driven B K3 vehicles under the influence of alcohol content of approximately 0.235% from the 1km section in the northwest-gu, Ulsan Metropolitan City to the Northwest-gu, Ulsan Metropolitan City, from the Do near the filial sea plate, to the Northwest-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act related to the facts constituting an offense [the choice of imprisonment] under the relevant 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of the drinking of this case in spite of the record of punishment for the driving of the Defendant under the influence of drinking, while the driving of the drinking of this case would not be divided in depth after the commission of the crime.

The sentence like the order shall be determined by taking into account the following facts: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., and the execution of the sentence shall be suspended, and community service and order to attend the lecture shall be issued.