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(영문) 울산지방법원 2015.04.23 2015고단99

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

Reasons

Punishment of the crime

At around 00:20 on December 28, 2014, the Defendant, while under the influence of alcohol of 0.265% of alcohol content, driven a c bargaining car with approximately KRW 250 meters from the flow distance from the flow distance from Ulsan-gun, Ulsan-gun, Ulsan-do, to the entrance of Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written consent to blood collection, written response to requests for appraisal and written appraisal, and written report on detection of drivers;

1. Relevant legal provisions and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving 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. Probation and lecture attendance order Article 62-2 of the Criminal Act, even though they were punished twice due to drinking driving for the reason of sentencing, it is inevitable to punish them again in light of the fact that they led to the instant crime.

However, in consideration of the fact that the disposal of vehicles after the instant case and the same mistake is expected not to be repeated again, the execution of imprisonment is suspended on the condition that a compliance officer takes lectures at the same time, and the sentence is determined like the order.