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(영문) 울산지방법원 2018.07.12 2018고단1415
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 May 18, 2007, the Defendant received a summary order of KRW 4 million for a crime of violating road traffic law (driving), etc. from the Ulsan District Court, and on January 22, 2014, the Defendant received a summary order of KRW 7.5 million for a crime of violating road traffic law (driving) at the Ulsan District Court.

[Criminal facts] On April 27, 2018, the Defendant driven Btete-te-te-te-te-te-te-te-te-te-te-te-te-p-p-p-go under the influence of alcohol leveling 0.160% from the 3km section to the front road, regardless of a claim filed from the Do in front of the gambling house located in Ulsan-gun, Ulsan-do, Ulsan-do., Ulsan-do, to the front road.

Accordingly, even though the Defendant was punished on more than two occasions as a crime of violating the Road Traffic Act (drinking), the Defendant driven the above tegrative vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;

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 (including the fact that there is no previous conviction exceeding a fine, and the family environment, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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