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(영문) 울산지방법원 2016.04.07 2015고단3268

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 17, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Ulsan District Court, and a fine of KRW 2 million for a crime of violating road traffic laws at the Ulsan District Court on April 17, 2010.

[2] On November 20, 2015, the Defendant driven a B-learning car under the influence of alcohol with approximately 40-50 meters alcohol concentration 0.082% from the pre-road of the mutual influence cafeteria-dong, Ulsan-gu, Ulsan-do to the front road of the safe village located in the same Dong-dong.

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. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (The consideration of the fact that the defendant is against his/her will, the circumstances of his/her driving, the level of his/her driving, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;