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(영문) 울산지방법원 2016.09.29 2016고단2915
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On January 23, 2007, the Defendant issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Busan District Court, and a fine of KRW 2.5 million as a same crime at the same court on September 16, 2008.

On August 27, 2016, around 20:35, the Defendant driven two cargo vehicles B while under the influence of alcohol content of about 0.206% while under the influence of alcohol in front of the “ unmanned flight test station” located in the Geum-si in Yangsan-si, Yangsan-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. Reporting on detection and investigation;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Selection of imprisonment with prison labor chosen;

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 (see, e.g., Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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