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(영문) 울산지방법원 2018.08.14 2018고단1753
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court on January 12, 2007. On November 28, 2008, the Defendant was sentenced to a fine of four million won for the same crime in the same court on November 28, 2008. On June 12, 2009, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court on June 12, 2009. On August 22, 2014, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime in the same court.

On May 20, 2018, the Defendant driven a B-hurged car with approximately 0.051% alcohol level in the direction of the same 500 meters away from the 500-meter section of alcohol level on the road in front of the cafeteria Kimhae-dong, Ulsan-gu, Ulsan-gu, Seoul-gu, and the lower part of the road.

As a result, the defendant, who committed a crime of violating the Road Traffic Act at least twice, has driven a motor vehicle under the influence of alcohol again.

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;

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