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(영문) 울산지방법원 2017.11.23 2017고단3597
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 30, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 30, 2009, and on May 30, 2013, in addition to the issuance of a summary order of KRW 3 million for the same crime by the same court on May 30, 2013, the Defendant had three previous drivers of drinking.

On September 28, 2017, the Defendant driven B K3 cars under the influence of alcohol content of about 0.068% in the section of approximately 7km from the front of the mutual influent restaurant in Ulsan-gu, Ulsan-gu to the front of the Ulsan-gu, U.S., U.S., U.S. defense force 1355, the Defendant driven B K3 cars under the influence of alcohol content of blood at about 0.068% in front of the house.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and an inquiry into the following:

1. Previous convictions: Application of inquiries about criminal history, sentences of judgment, and copies of summary order Acts and subordinate statutes;

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 to mitigate small amount;

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

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;

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