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(영문) 울산지방법원 2018.07.31 2018고단1809
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 February 18, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act. On June 24, 2013, the Defendant received a summary order of KRW 4 million for the same crime in the same court.

On June 8, 2018, the Defendant: (a) driven C motor vehicles from the Gulsan Eup apartment parking lot in Ulsan-gun to the front of the same Eup fishing box in the same Eup under the influence of alcohol level of 0.066% among blood transfusions.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol more than twice while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

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 (Consideration of reflector, influence of drinking driving, etc.);

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;

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