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(영문) 울산지방법원 2018.05.31 2018고단919
도로교통법위반(음주운전)등
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 January 15, 2010, the Defendant received a summary order of KRW 2,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on October 12, 2016, the Defendant received a summary order of KRW 2,00,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On March 28, 2018, the Defendant driven a B Twork vehicle with approximately 100 meters alcohol concentration of 0.125% while under the influence of alcohol without a vehicle driver’s license from the front point of “Yule B,” the main point of “Yule B,” which is located in Ulsan-gu, Ulsan-gu, to the long-term death distance in Ulsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of drivers engaged in driving, a tea inquiry, and the ledger of driver's licenses of motor vehicles;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act, the choice of imprisonment, and the choice of punishment;

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

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