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(영문) 울산지방법원 2015.11.27 2015고단2502

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 March 12, 2010, the Defendant was issued a summary order of KRW 700,000,000 by the Gwangju District Court due to a crime of violation of the Road Traffic Act, etc., and on July 13, 201, the Defendant was issued a summary order of KRW 2.5 million by the same court as a fine for the same crime.

around 03:45 on August 18, 2015, the Defendant, at least two occasions, driven a rash car while under the influence of alcohol of about 0.169% from the 3km section to the front road of the international white apartment located in the same Gu, from the 3km section of the 3km-dong in Busan-dong, Busan-gu to the 1stm of the international white apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the circumstances of drinking drivers, the report on the circumstances of drinking driving and the inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been punished twice due to drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving at least twice shall be punished more strictly.

The fact that the defendant is committed against the defendant while committing the crime, and that the defendant has no criminal records beyond the suspended sentence is an element of sentencing favorable to the defendant.

In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the sentence shall be determined as per the order and the execution of the sentence shall be suspended, but community service and compliance driving lecture shall be ordered.