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(영문) 울산지방법원 2019.01.24 2018고단3250
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On November 15, 2010, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (driving) at the Ulsan District Court on November 15, 201, and four million won as a fine in the same court on May 11, 2016, respectively.

【Criminal Facts】

On October 11, 2018, the Defendant, who violated two or more provisions on the prohibition of driving under the influence of alcohol, once again drive a F Trate in the state of alcohol alcohol level of about 0.234% in the section of approximately 100 meters from the D Apartment E-Dong located in Ulsan-dong, Ulsan-gu, Seoul around 07:05 to October 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (it shall be considered that there is no previous conviction exceeding a fine);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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