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(영문) 울산지방법원 2018.05.31 2018고단896
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On July 4, 2011, the Defendant was issued a fine of KRW 1.5 million at the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million at the Ulsan District Court on May 6, 2015 for the same crime.

On March 25, 2018, around 18:05, the Defendant driven a B-low vehicle under the influence of alcohol content 0.163% in blood while driving approximately 2 km from the street in the water-Eup in Yangsan-si to the roads located in the same Jung-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction: An inquiry about criminal history and the application of Acts and subordinate statutes of two copies of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense [the choice of imprisonment] under the relevant 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished for drinking driving, is going to commit the instant crime again. On the other hand, the fact that the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime and circumstances after the crime, etc., the sentence like the order shall be determined by comprehensively considering the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc., and the execution thereof shall be postponed and community service

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