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(영문) 울산지방법원 2018.08.30 2018고단1597
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal history] On February 7, 2011, the Defendant was issued a summary order of 1.5 million won by committing a violation of road traffic law (driving), etc. at the Ulsan District Court, and on August 29, 201, the Defendant was issued a fine of 2 million won by the same court as a crime of violating road traffic law (driving).

[2] On March 26, 2018, the Defendant, while under the influence of alcohol at around 01:35, driven a 106-day apartment house in the north-gu, Ulsan-gu, U.S., U.S. at around 0.095%, starting from the front of about 106, and driving a 100-meter B A-do-purd car from around 100 meters to the front of the same apartment house.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes attaching the same kind of force judgment;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (i.e., the degree of main practice and the fact that there was no significant risk due to driving in an apartment complex);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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