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(영문) 울산지방법원 2018.04.27 2018고단366
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On April 1, 2009, the defendant issued a summary order of KRW 1 million to a fine of KRW 1 million for a violation of the Road Traffic Act at the Ulsan District Court on May 15, 2009, a summary order of KRW 2.5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the same court on May 15, 2009, and on July 22, 2013, a summary order of KRW 6 million was issued to the same court on July 22, 2013, and on June 26, 2014, the same court issued a summary order of KRW 6 million for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving) on July 4, 2014.

[Criminal facts] On February 7, 2018, the Defendant driven C in the state of alcohol alcohol concentration of approximately 0.169% from the section of the section of the section of the Act on the Management of Land, Infrastructure and Transport from the main point of “Korean Neow-dong,” which is located in Ulsan-gu, Ulsan-gu, Seoul-do, to the front road of “Modow-dong,” which is located in the same Dong, to the road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of drinking driving under the Road Traffic Act, as a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report accompanied by a summary order, etc. of the same criminal record as the suspect);

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

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. The defendant's blood alcohol concentration is considerably high for the reason of sentencing in Article 62-2 of the Criminal Act, and although the defendant's blood content was subscribed to the comprehensive automobile insurance, the motor vehicle is under the influence of alcohol.

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