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(영문) 울산지방법원 2016.06.29 2016고단1556

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2014, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 700,000 as a fine for the same crime in the same court on November 10, 208.

around 15:03 on May 2, 2016, the Defendant driven C rocketing car with approximately 50 meters alcohol concentration at approximately 0.066% under the influence of alcohol content from the 50m section, from the parking lot adjacent to the “smallcheon-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, to the swimming-ro in Ulsan-gun, Ulsan-gun.

As a result, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 11) Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (Consideration of alcohol, circumstances leading to the crime, driving distance, reflective attitude, etc.);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. The community service order under Article 62-2 of the Criminal Act;