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(영문) 울산지방법원 2017.05.02 2017고단749
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

On November 27, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on November 27, 2006, a summary order of KRW 2.5 million for the same crime in the same court on August 19, 2009, and a summary order of KRW 1.5 million for the same crime in the same court on February 6, 2013.

On February 12, 2017, the Defendant driven a B 2 km distance from the bus stops located in the Seo-gu, Busan to the front of the solar industry at the bus stops located in the Seo-gu, Busan, under the influence of alcohol level of 0.118% from around 05:45 on February 12, 2017.

As a result, the Defendant again driven the said car while under the influence of alcohol, as a person who violated the prohibition of drinking twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

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

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

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