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(영문) 울산지방법원 2017.08.22 2017고단2107

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 13, 2014, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Ulsan District Court on May 13, 201, and on October 16, 2014, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act by the same court on October 16, 2014, and was sentenced to a suspended sentence of two years for the same criminal records and two times more.

On June 1, 2017, the Defendant driven Done Star Co., Ltd. under the influence of alcohol content of approximately 0.153% from a pharmaceutical middle school located in Ulsan-gu Pharmaceuticaldong to the front road of the apartment house located in Ulsan-gu, Ulsan-gu, Busan-do, to approximately 2km to the apartment road of the apartment.

As a result, the Defendant again driven the said vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the said alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and an inquiry into the following:

1. Previous convictions in judgment: Inquiry about criminal history, copy of summary order, and application of the text of the judgment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;