beta
(영문) 울산지방법원 2016.08.30 2016고단2307

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2008, the Defendant was punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Ulsan District Court on March 12, 2008, and a fine of KRW 1.5 million for the same crime at the same court on September 15, 2009.

On July 3, 2016, the Defendant, while driving two or more times of drinking, driven B passenger cars at approximately 5 km from the area near Ulsan-gu Nong-dong, Ulsan-gu to the front of the Ulsan-dong, Chungcheongnam-gu, U.S. Military High School under the influence of alcohol level of 0.069% in alcohol level on July 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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 stay of execution (see, e.g., the reflective point, the degree of alcohol concentration during blood transfusion, and the interval of time during the previous period of previous years of drinking);

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