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울산지방법원 2018.05.17 2018고단616

A defendant shall be punished by imprisonment for six months.

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


Punishment of the crime

On December 30, 2014, the Defendant received a summary order of KRW 1 million from a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on December 30, 201, and on October 26, 2016, a summary order of KRW 1,50,000 as a fine for the same crime from the support of the Daegu District Court within the same jurisdiction.

At around 21:40 on March 5, 2018, the Defendant, even though he violated twice the prohibition of drinking under the Road Traffic Act, driven a car with the C Lastrentop in the direction of approximately 1 km up to 237 meters at the front of a cafeteria, Ulsan-gun, under the influence of alcohol level of 0.08%, while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (a copy of summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense [the choice of imprisonment] under the relevant 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 suspended execution;

1. Although the defendant had been punished twice due to his/her driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, he/she again leads to the crime of this case. Meanwhile, the defendant has a depth after committing the crime, and he/she has to not drive drinking again.

In addition, the sentence like the order shall be determined by taking into account the following factors: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime and circumstances after the crime, etc., and the execution thereof shall be suspended.