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(영문) 울산지방법원 2018.12.06 2018고단2911
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 July 17, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court on July 17, 2012, and was sentenced to a fine of KRW 5 million by the same court on June 10, 2013.

On September 24, 2018, the Defendant driven BM 520 d motor vehicles under the influence of alcohol concentration of 0.171% at a section of approximately 100 meters in front of the same truth from the Steering house following the Nam-gu Nam-gu Seoul Metropolitan City BM 520 d motor vehicles, under the influence of alcohol level of around 100 meters in front of that fact.

As a result, the defendant had been punished for driving under drinking more than twice, but has driven a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;

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