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(영문) 울산지방법원 2018.04.12 2018고단64
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, at the Ulsan District Court on January 28, 201, was punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), and on March 11, 2014, the Defendant was punished by a fine of KRW 7 million for a violation of the Road Traffic Act (drinking driving) at the same court.

On December 13, 2017, at around 22:15, the Defendant driven C Poter Cargo under the influence of alcohol content of approximately 0.092% of alcohol content from the 1km section to the road front of the Gyeong River, taking into account the road located in the upstream of the same city, from the front of the oil station in Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 (Consideration, Power, etc.);

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;

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