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(영문) 울산지방법원 2018.07.17 2018고단1511
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 May 24, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seog branch of the Daegu District Court, and on May 8, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court Kimcheon support on May 8, 2015.

On April 22, 2018, the Defendant driven BM7 car under the influence of alcohol content of about 0.089% in the 1km section from the road located in the Seogu Seo-gu, Seogu, Seo-gu, Seogu to the front road in the commercial Dong of Seo-gu, Seogu, Seo-gu, Seo-gu, Seoul, even though he/she violated drinking two times or more due to drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on investigation;

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 (Taking into account reflectivity, force of drinking, etc.);

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

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