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(영문) 울산지방법원 2018.10.18 2018고단2187
도로교통법위반(음주운전)
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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 November 30, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court, and on February 20, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic laws (driving alcohol) at the Ulsan District Court.

[2] On June 23, 2018, the Defendant driven B Coin car under the influence of alcohol leveling to approximately 0.164% of alcohol leveling from approximately 1.5km to the road near the Yancheon-gun, Ulsan-gun, U.S., U.S., Ulsan-gu, Seoul-do University around 02:38, U.S., 147, to the 38, U.S., Ulsan-do community center.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions indicated in the judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (a summary order of the same kind of force);

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

1. The punishment as ordered shall be determined by taking into account all the sentencing conditions, such as the Defendant’s age, environment, motive, and circumstance, even though the reason for sentencing under Article 62-2 of the Criminal Act was two times, there was no previous conviction exceeding the fine and for which not less than four years elapsed, the actual accident did not lead to, and reflects, the fact that the Defendant was committed, and any other sentencing conditions

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