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(영문) 울산지방법원 2016.07.19 2016고단1716
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violating the Road Traffic Act, and a fine of KRW 4 million by the same court on December 8, 2008 for a crime of violating the Road Traffic Act.

On May 19, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more occasions, driven B Poter Cargo Vehicles with approximately 500 meters alcohol concentration of 0.146% in blood alcohol level from the riverside park playground located in the Southern-gu, Ulsan-gu, Ulsan-gu to the front of the night road in the same Gu from May 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 (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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