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(영문) 울산지방법원 2018.02.08 2017고단4255
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 15, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on December 15, 2009, and a fine of KRW 3.5 million by the same court on March 29, 2012.

1. The Defendant, on November 10, 2017, driven a 200-meter radius from the route front the beer of the “Sab” to the front side of the “Wab” route in the same Dong and Dong in Ulsan-gu, Ulsan-gu, under the influence of alcohol level of 0.112% among blood transfusion around 03:12 on November 10, 2017.

2. On November 26, 2017, the Defendant driven the said car at a distance of about 5 km from the 473rd-ro to the front day of “living life-gu” located in the same Gu, Ulsan-dong-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, under the influence of alcohol level of 0.127% among blood transfusion around 06:35, Nov. 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into photographs, the results of regulating driving of drinking alcohol, a report on the circumstances of drivers of drinking alcohol, and making a next inquiry;

1. Each report on investigation;

1. Previous conviction: Inquiry about criminal history and application of a copy 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 (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;

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