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(영문) 울산지방법원 2016.06.30 2016고단1098

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 December 26, 2006, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act by the Ulsan District Court on December 26, 2006, and was sentenced to a fine of one million won as a crime of violating the Road Traffic Act by the same court on May 13, 2009.

On April 9, 2016, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, driving a motor vehicle with C low alcohol content of at least 0.154% in a section of about 100 meters from the road near Ulsan-gu, Ulsan-gu, Seoul-do to the front road of the same night-dong elementary school.

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 (Consideration of the fact that the defendant has no record of punishment heavier than imprisonment without prison labor for the same kind of crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;