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(영문) 울산지방법원 2015.04.30 2015고단406

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 January 17, 2015, at around 23:50, the Defendant driven a 30-meter section as B car from the mutually influenite-gun, Ulsan Metropolitan City, Ulsan Metropolitan City, to the same luxar Park, with a level of 0.241% alcohol concentration around the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written consent to blood collection and investigation reports (referring to notification of the results of drinking alcohol measurement);

1. Relevant legal provisions and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving 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 defendant should be strictly punished in light of the fact that he/she drives a motor vehicle again, even though he/she had a record of punishment twice due to drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act.

However, in consideration of the fact that there is no specific punishment force for more than 10 years since 2004 and there is no reflective force, the execution of imprisonment is suspended on condition that probation and compliance officer take lectures.