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(영문) 울산지방법원 2018.08.16 2018고단1459
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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

[criminal history] On June 17, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic laws at the Ulsan District Court, and on January 3, 2018, issued a summary order of four million won for a crime of violating road traffic laws at the Ulsan District Court.

[Criminal facts] On April 28, 2018, the Defendant driven D rocketing vehicles under the influence of alcohol content of about 0.176% in the 5m section inside the Moel parking lot located in Yangnam-si, Yangsan-si, Yangyang-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of the same kind of force;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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

1. The observation of protection and the order of community service order under Article 62-2 of the Criminal Act was made three times before the driving of drinking alcohol for the reason of sentencing, and the issuance of a summary order due to drinking driving, resulting in a traffic accident again due to drinking alcohol or non-licensed driving of the instant case.

Imprisonment shall be selected, and the execution shall be suspended in consideration of the fact that the driving is close to and against in the parking lot.

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