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(영문) 울산지방법원 2018.12.13 2018고단2301
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 June 20, 2007, the Defendant was issued, respectively, a summary order of KRW 4 million by the same court on September 9, 2013, for the same offense, as a crime of violating the Road Traffic Act.

A person who violated the provision on the prohibition of driving under the influence of alcohol twice or more as above, and again drives a B Aridi A6-car on July 13, 2018, under the influence of alcohol at approximately 0.137% of alcohol content in the section of approximately 300 meters from the alley-dong department store located in Ulsan-dong, Busan-dong, Busan-dong, to the Jindong-dong, or to the front road of the restaurant, regardless of whether it is in the truth of the same Gu or in the middle of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (a summary order attached to a criminal record of driving under the influence of a defendant);

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 Criminal Act, which causes a traffic accident that causes the driving of drinking again even though he/she had a record of being punished for driving under the influence of drinking, while that he/she is not able to repeat again after committing an offense

The sentence like the order shall be determined by taking into account the following facts: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., and the execution of the sentence shall be suspended, and community service and order to attend the lecture shall be issued.

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