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(영문) 울산지방법원 2015.10.08 2015고단2061

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

[criminal power] On June 29, 2007, the Defendant received a summary order of a fine of KRW 4 million from the Ulsan District Court to a crime such as violation of the Road Traffic Act, and a summary order of KRW 5 million from the Ulsan District Court to a crime of violation of the Road Traffic Act, etc. on March 12, 2013, respectively.

【Criminal Facts】

On August 2, 2015, the Defendant driven the above vehicle at around 07:40 on August 2, 2015, and driven C Poter truck with the blood alcohol concentration of about 0.079% at a distance of about 10km from the head of Ulsan-gu B to the head of Ulsan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking, and notification on the results of the control of drinking driving;

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order for the same type of crime of a suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. Although probation and community service order Article 62-2 of the Criminal Act are not less than those applied to recidivism despite a majority of the same records as the reasons for sentencing, the punishment as the order shall be determined by taking into account the following factors: the defendant's age, character, conduct and environment, and the sentencing conditions as shown in the records.