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(영문) 울산지방법원 2018.07.06 2018고단798
도로교통법위반(음주운전)등
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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

[criminal history] On June 29, 2007, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 7 million by the Ulsan District Court for a crime of violating the Road Traffic Act (driving alcohol), and on October 7, 2011, by the same court, a summary order of KRW 4 million with the same crime, respectively.

[Criminal facts]

1. On February 17, 2018, the Defendant: (a) driven a vehicle with alcohol content of at least 0.160% in a section of about 3 km from the 3km-gun, Ulsan-gun to the entrance of the mountain tunnel located in the same Eup/Myeon from the day of Ulsan-gun, Chungcheongnam-do; (b) on February 17, 2018, the Defendant was under the influence of alcohol content of at least 0.160% in alcohol level.

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

2. No driver of any motor vehicle, etc. violating road traffic Acts shall threaten or endanger other persons, or cause any danger to traffic, by committing two or more offenses, such as violation of signal or direction, violation of central line, prohibition against change of course, etc., or by continuing or repeatedly committing one act;

Nevertheless, Defendant 1 driven the above car at the border of the city in Ulsan-do, Ulsan-do, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S. (hereinafter “U.S.”), driving the front road beyond the central line of about 900 U.S. M., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S.

Accordingly, the Defendant driven a vehicle with approximately 900 meters away from the above, thereby causing a traffic danger to the vehicle that proceeds normally.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Each photograph (the sequence 11 to 13, 24) shall be 1.

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