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(영문) 울산지방법원 2018.05.17 2018고단691
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

[Power of crime] On February 5, 2010, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch, and a summary order of 3.5 million won for the same crime at the Ulsan District Court on May 30, 201, respectively.

[Criminal facts] On March 6, 2018, the Defendant driven BM3 automobiles under the influence of alcohol content of approximately 0.072% from the 500m section to the roads front of the Kandong-si, Seoyang-gu, Ulsan-si, Ulsan-do, Seoyang-do, Seoyang-do, Seoul-do, to the roads front of the Kandong-gu, Samnam-do, Samnam-do, the Defendant driven BM3 automobiles under the influence of alcohol concentration of approximately 0.072%.

Accordingly, the Defendant, who violated the duty not to drive alcohol more than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

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

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on confirmation of the same kind of force);

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 suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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