(영문) 울산지방법원 2018.12.21 2018고단3366

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(영문) 울산지방법원 2018.12.21 2018고단3366

도로교통법위반(음주운전)

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

Criminal facts

On January 29, 2007, the Defendant was sentenced to a fine of two million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on January 29, 2007, and a fine of two hundred and fifty thousand won or more as a same crime in the same court on August 8, 2013.

On September 29, 2018, the Defendant driven B-low-income cars at approximately 500 meters away from the alley-dong B-ro to the roads in front of the same agricultural and fishery product market in Ulsan-gu, Ulsan-gu, Busan-do, Samsan-do, and around the same agricultural and fishery product market, under the influence of alcohol by 0.151% on the day (0.151%) during blood alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a report on the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of each detection report;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In light of the fact that the court was sentenced to a fine for a violation of the Road Traffic Act in 2003 in addition to the record of the crime and the fact that the level of alcohol content is high in the blood for the reason of sentencing of Article 62-2 of the Criminal Act, and that the person was sentenced to a fine for the crime of violating the Road Traffic Act, this case is a 4th drinking driver at the same time when the person was under the influence of drinking 3: Provided, That there was no other criminal history than such 3 times, and there was no other criminal history against the defendant's

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