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(영문) 울산지방법원 2015.09.10 2015고단1041

도로교통법위반(음주운전)

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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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2013, the Defendant was sentenced to the suspension of indictment from the Ulsan District Prosecutors' Office to a violation of the Road Traffic Act, and on March 18, 2015, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Ulsan District Court.

On April 15, 2015, at around 00:23, the Defendant driven C-T-T-A-A-A-P-A-P-A-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the results of the control of drinking driving and the report on the status of drinking drivers;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, copies of non-prosecution decision, copies of summary order, investigation reports (report accompanied by a copy of non-prosecution records, inquiry into the results of the control of drinking driving, and report on the situation of drinking drivers);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act had two times of drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the drinking driving was conducted at once, and that the blood alcohol concentration is relatively high is disadvantageous to the

However, the punishment as ordered shall be determined by taking into consideration the circumstances favorable to the defendant, such as the confession and reflect of the defendant, the fact that there is no record of the suspension of execution or more severe punishment, and other various sentencing factors in the records, such as the age, character and conduct, environment, family relationship, circumstances after the crime, etc.