(영문) 울산지방법원 2018.06.05 2018고단1020

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(영문) 울산지방법원 2018.06.05 2018고단1020

도로교통법위반(음주운전)

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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 June 4, 2008, the Defendant was sentenced to a fine of one million won or more due to a violation of the Road Traffic Act (driving) and a violation of the Punishment of Violences, etc. Act (joint injury) at the Ulsan District Court on June 4, 2008, and a fine of one hundred and fifty thousand won or more due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (non-licensed driving) in the same court on March 15, 2010.

On March 21, 2018, around 21:37, the Defendant driven a B low-speed car in the state of alcohol alcohol content of approximately 0.123% in a section of approximately 3km from the front of “this vessel’s birth” to the same Gusan Island.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection, on-site photographs, inquiry of the results of crackdown on driving of alcohol, a statement of the circumstances of the driver in charge of driving, and an appraisal of alcohol concentration in the blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture was sentenced to a fine for the crime of violation of the Road Traffic Act in addition to the previous conviction in the judgment of the defendant in 2004, the fact that this case is a 4th alcohol driver at the same time as the 3-year-old drinking, the higher alcohol concentration among the blood of this case: Provided, That in addition to the above punishment history, the defendant has the power to impose a fine once due to the violation of the Road Traffic Act in 200, and the defendant reflects the wrongness of the defendant.

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