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(영문) 울산지방법원 2015.12.28 2015고단2828

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

Punishment of the crime

On March 15, 2010, the Defendant received a summary order of KRW 500,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on April 9, 2014, respectively.

Criminal facts

At around 00:00 on October 30, 2015, the Defendant driven BHJ10T Ora while under the influence of alcohol content of about 0.03% at approximately 1.5km section from the front day of the mutually unclaimed restaurant in Ulsan-dong defense Dong-dong, Ulsan-gu to the front day of the 1.5km-dong in the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a confirmation of the same type of power and attachment of summary orders) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty of imprisonment (Consideration of repeated punishment, etc.);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 201

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;