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(영문) 울산지방법원 2015.11.26 2015고단2314

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 August 14, 2015, at around 06:35, the Defendant driven D Coin in the state of alcohol 0.109% of blood alcohol concentration from the section of about 40km from the front of Ulsan-gun, Ulsan-gun, to the front of the Kitan village hall in the same west-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the state of drinking drivers, and the application of Acts and subordinate statutes to the regulations on drinking driving;

1. Relevant Article of the Act and Article 148-2 (2) 2 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that even though there was a record of the same kind of crime at several times, the driving was conducted at a time, and the fact that drinking water is high is disadvantageous to the defendant.

However, it is driving under the condition that the defendant is against himself/herself, or he/she is under the condition that he/she is under the influence of he/she.

The punishment shall be determined as ordered by taking into account the circumstances favorable to the defendant, such as the fact that it seems to have been discovered by drinking control, the fact that there is no criminal history of probation or higher, and the age, character and behavior, environment, motive and background of drinking driving, distance of drinking driving, and various sentencing conditions shown in the records, such as the circumstances after