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(영문) 울산지방법원 2015.10.19 2015고단1690

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on January 19, 2010, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act was issued by the same court.

On May 30, 2015, at around 04:05, the Defendant driven B rocketing car under the influence of alcohol content of about 0.083% at a section of approximately 500 meters from the roads adjacent to the Jinju farm located in the summer-gu, Busan Metropolitan City to the precision of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Investigation report (to listen to shots' telephone statements);

1. Previous convictions: Application of criminal records and summary order 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;