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(영문) 울산지방법원 2018.08.31 2018고단2164
도로교통법위반(음주운전)
Text

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

Criminal facts

On September 19, 2018, the Defendant driven a vehicle with approximately KRW 300 meters at a distance of about 200 meters from the roads adjacent to the East-gu Seoul Metropolitan Government Haakdong, Ulsan-gu, Seoul Metropolitan City Do, under the influence of alcohol content of 0.171% in blood around 23:15.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving of alcohol, making a statement on the circumstances of the driver in charge, reply to requests for appraisal, and the application of Acts and subordinate statutes to report on the detection of the driver in charge;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. In light of the fact that the amount of alcohol concentration is very high among the blood for the reason of sentencing in Article 62-2 of the Criminal Act, and that the defendant was sentenced to a fine in the year 2003, 2006, and 2015 due to the violation of the Road Traffic Act, this is considered as being the second drinking driver.

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