(영문) 울산지방법원 2018.10.12 2018고단2427

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(영문) 울산지방법원 2018.10.12 2018고단2427

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

【Criminal Records of Crimes】 On November 26, 2010, the Defendant was sentenced to a fine of KRW 5 million by the Cheongju District Court on the following grounds: (a) a violation of the Road Traffic Act (driving without a license); (b) a violation of the Road Traffic Act (driving without a license); (c) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) and a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d).

【Defendant, as seen above, has violated the provision on prohibition of driving under the influence of alcohol twice or more, and once again, the Defendant driven Bsch Rexton car under the influence of alcohol of about 0.183% of alcohol concentration in the section of about 5km from the road front of a mutually influent cafeteria, Hongcheon-gun, Hongcheon-gun (Seoul) to the front road in the same dong-dong and Dong-dong to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of the case, inquiry into the results of regulating drinking driving, a statement in the circumstances of the driver of the drinking, and a report on the circumstances of the driver of the drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of suspect drinking and non-licensed driving records);

1. Article 148-2 of the Criminal Act applicable to the crime, Articles 148-2 (1) 1 and 44 (1) of the Criminal Act, the selection of punishment for 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. The following should be taken into account: (a) the degree of alcohol concentration among blood for the reasons of sentencing under Article 62-2 of the Criminal Act, such as observation of protection, community service, and order to attend lectures is very high; (b) the distance of driving under the influence of alcohol is longer high; (c) the Defendant was sentenced to a fine for a violation of road traffic laws in 2003 in addition to the criminal records as indicated in the judgment; (d) the Defendant was sentenced to a fine for a violation of road traffic laws in 2006; and (e) the Defendant was sentenced to a fine for a violation of road traffic laws in 206; (e) the same is the 5th driver under the influence of driving under the influence of alcohol at the

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