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(영문) 울산지방법원 2018.07.24 2018고단1318
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 March 27, 2007, the Defendant received a summary order of KRW 2,50,000 from the Ulsan District Court to a fine of KRW 2,50,000 due to a violation of the Road Traffic Act (driving). On October 30, 2008, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving), and on May 17, 2010, the same court received a summary order of KRW 2,00,000 as a fine for a crime of violating the Road Traffic Act (driving).

On April 20, 2018, the Defendant driven B 130 vehicles while under the influence of alcohol content of about 0.140% from the blood alcohol content on the front of the apartment site to the middle distance of about 1km located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Seosan-gun 25-gil 8-gil, Seogjin-gun, Ulsan-do.

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. A report on the circumstances of the driver's license in the main place and investigation report;

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 (Consideration of reflector, influence of drinking driving, etc.);

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

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