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(영문) 울산지방법원 2018.12.20 2018고단2894
도로교통법위반(음주운전)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2009, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine of KRW 100,000 as a crime of violating road traffic laws (drinking), and on March 15, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic laws (drinking) at the Ulsan District Court on March 15, 201.

On August 23, 2018, the Defendant driven a DNA-low vehicle under the influence of alcohol with approximately 7m alcohol concentration of about 0.090% in blood, from the B store located in Ulsan-gu to the road adjacent to the “C” restaurant located in Ulsan-gu, the Defendant driven a D-low vehicle under the influence of alcohol with approximately 0.090% in blood.

As a result, the Defendant was punished twice or more as a crime of violating the Road Traffic Act, but he was under the influence of alcohol.

On August 24, 2018, the Defendant: (a) at the front of the “C” restaurant located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, on August 24, 2018, the Defendant was dissatisfied with the Defendant’s demand for a drinking measurement from a slope G (46 years old) belonging to the Seoul Southern-gu police station, Seoul-do, for the alcohol level of 0.090% while driving a vehicle under the influence of alcohol at the front of the “C” restaurant located in Ulsan-gu, Ulsan-gu, Seoul-do; (b) the Defendant was dissatisfied with the Defendant’s demand for a drinking measurement from a slope G (46 years old) with the alcohol level of 0.09% in blood; and (c) the said G

E. N. N. N. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. G’s left face only once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the crackdown on drinking driving of the above G G, a police officer.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the police statement related to G;

1. Previous conviction: To inquire about criminal history and apply the same criminal history-based summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act / [Selection of imprisonment with prison labor]

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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

1. To provide community service and attend lectures under Article 62-2 of the Criminal Act;

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