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(영문) 울산지방법원 2018.01.25 2017고단2336
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 July 30, 2008, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic laws at the Ulsan District Court on July 30, 2008. On February 10, 201, the Defendant was sentenced to a suspended sentence of two years for one year for the same crime in the same court.

On June 24, 2017, the Defendant was punished two times or more for committing a violation of the Road Traffic Act (drinking driving) by driving a B Poter II truck under the influence of alcohol from about 200 meters in a section of approximately 0.173% alcohol concentration in the middle-gu, Ulsan-gu, U.S., U.S., and then driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and an inquiry into the following:

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

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

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, aggravation of health, etc.);

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