(영문) 울산지방법원 2018.11.02 2018고단2684

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Reasons

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자간(%)

(영문) 울산지방법원 2018.11.02 2018고단2684

도로교통법위반(음주운전)

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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Records of Crimes】 On December 16, 2008, 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 December 16, 2008, and a fine of KRW 700,00 for a crime of violating road traffic laws at the Ulsan District Court on May 23, 2016.

[A] On August 2, 2018, the Defendant driven BN vehicle under the influence of alcohol content of about 0.180% at the section of about 15 meters, from the street parking lot near the cafeteria 20, Nam-gu, Ulsan-gu, Seoul-ro, Seoul-ro 20, to the fee-charging parking lot in front of the fee-charging 15 meters away from the street parking lot.

Accordingly, even though the Defendant was punished on more than two occasions as a crime of violating the Road Traffic Act (drinking driving), the Defendant driven the above NAS vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of alcohol, arrest report of the occurrence of the case, report on the circumstances of the driver under the influence of alcohol, report on the situation of the driver under the influence of alcohol, notification of the results of crackdown on the driving of alcohol, photograph of the vehicle taken at the time of crackdown, photograph of the vehicle recorded,

1. Previous conviction: Application of an inquiry letter, such as criminal history, and a summary order of the same criminal suspect's history;

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, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. To take into account the following factors: (a) protection and observation; (b) the high alcohol concentration in the blood for the reason of sentencing under Article 62-2 of the Criminal Act; (c) the distance from driving alcohol is short; (d) there is no record of punishment other than the criminal records as indicated in the judgment; and (e) the Defendant reflects the mistake; and

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