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(영문) 울산지방법원 2019.01.31 2018고단3567
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 November 20, 2006, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act at the Ulsan District Court, and on November 15, 2007, the Defendant was sentenced to a suspended sentence of seven months for a violation of the Road Traffic Act at the Ulsan District Court.

On August 30, 2018, at around 16:14, the Defendant driven Bsch Rexton vehicles under the influence of alcohol concentration of about 0.156% at a distance of approximately two meters at the Dong-dong post office parking lot located in Ulsan-gu.

As a result, the defendant has been punished more than twice as a crime of violation of the Road Traffic Act, but he was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements and site photographs of a host driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act

1. Article 62-2 (1) of the Criminal Act for orders to attend lectures;

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