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(영문) 울산지방법원 2017.02.02 2017고단47
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On January 15, 2010, the Defendant issued a summary order of KRW 1500,000 as a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on January 15, 201, and KRW 4 million as a fine in the same court on May 20, 2015.

On December 27, 2016, the Defendant driven a body car B at approximately 2km section from around 2km to the economic promotional distance in front of the apartment site in Ulsan-gu, Ulsan-gu, under the influence of alcohol content of 0.197% among blood transfusions on December 27, 2016.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. A report on investigation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 suspension of execution (see, e.g., Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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