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(영문) 울산지방법원 2017.10.26 2017고단3185
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 16, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court on May 16, 200, and a fine of KRW 2 million at the same court on October 8, 2012.

On August 11, 2017, at around 22:56, the Defendant driven BNS car in the state of alcohol alcohol with approximately 0.078% alcohol concentration in blood at approximately 100 meters to the south-do fishing road in front of the gravel market located in the Southern-gu Busan Metropolitan City.

As a result, the Defendant again driven the said car while under the influence of alcohol, as a person who violated the prohibition of drinking twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving drinking, circumstantial report on the driver involved, and response to requests for appraisal;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning 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 suspended execution;

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

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