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(영문) 울산지방법원 2018.05.24 2018고단1088
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 June 24, 2011, the Defendant was sentenced to a fine of three million won at the Ulsan District Court due to a violation of the Road Traffic Act (drinking driving), etc., and was found to have been drunk driving on at least two occasions on September 22, 2015 due to a violation of the Road Traffic Act (drinking driving) and was sentenced to a fine of seven million won at the Gangnam Branch Branch of the Chuncheon District Court.

On March 24, 2018, the Defendant driven a CMW320 car from around 3km to the 58 new market distance in Nam-gu, Nam-gu from the front of the 'road in Ulsan-gu, Nam-gu' road with a alcohol content of 0.185% while under the influence of alcohol during blood transfusion around 03:30 on March, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of regulating drinking driving;

1. A report on internal investigation:

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

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 stay of execution (Taking into account reflectivity, force of drinking, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;

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