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(영문) 울산지방법원 2016.04.28 2016고단35

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

On April 5, 2011, the Defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act at the Ulsan District Court, and on August 26, 201, the Defendant received a summary order of 5 million won by the same court as a fine for the same crime.

On November 24, 2015, the Defendant, at around 18:30, driven a D-hurb-pured car under the influence of alcohol content of about 0.248% while under the influence of alcohol content at approximately 400 meters from the 400-meter section around the apartment underground parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

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 (General Consideration as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had already been punished three times due to drinking driving, repeating the crime of drinking driving, and the degree of such drinking driving is extremely high, considering the fact that the defendant is against the nature of drinking, the reason why the defendant claims the driving of drinking, and the fact that the defendant has no record of criminal records of probation or heavier than that of probation;