logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.11.23 2018고단2478
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

[criminal history] According to the evidence duly adopted and examined by the court of the summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court on October 1, 2014, and on September 14, 2018, a fine of KRW 2 million for the same crime to the same court on September 14, 2018, the Defendant was charged with a summary order of KRW 2 million for the crime of violating the Road Traffic Act on August 14, 2018 and was issued by this court on September 14, 2018. Thus, the Defendant was indicted for the same crime at the same court on August 14, 2018, and is still pending trial.

The phrase “shall be corrected and stated as above, and shall not be deemed to hinder the exercise of the defendant’s right to defense even if it is corrected without the amendment process. As such, it shall be corrected ex officio.

each order was issued.

[Criminal facts] On August 17, 2018, the Defendant driven a Dexton car at approximately 30km from the front side of the port for the captain of Busan-gun to the front side of the Ulsan-gun Ulsan-gun in Ulsan-gun, Ulsan-gun, Ulsan-gun, with a alcohol level of 0.072% during blood around 23:55.

Accordingly, the Defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. Previous convictions: Inquiries about criminal history, reporting of the previous convictions and reporting of the results thereof, and applying a copy of statutes of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62(1) of the Criminal Act (the above defendant favorable to the suspended execution)

arrow