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(영문) 울산지방법원 2016.12.15 2016고단3669
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 10, 2006, the Defendant received a summary order of a fine of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court’s branch branch branch branch on November 30, 2007, a fine of KRW 1 million as the same crime in the same court, and a fine of KRW 6 million as the same crime in the same court on February 14, 2014.

【Criminal Facts】

On October 8, 2016, the Defendant, as above, was a person with at least two times of alcohol driving, driving B rocketing car from approximately 500 meters away from the Japanese bathing beach distance in Ulsan-gu, Ulsan-gu to the front of the beauty hotel in the same Dong, under the influence of alcohol content of 0.114% of alcohol level around 22:15.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

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

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

1. Selection of imprisonment with labor (in consideration of the fact that a number of criminal records exist for the same kind of crime and the fact that drinking is high);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (contributable circumstances, such as the fact that there is no criminal conviction or heavier punishment than a suspended sentence of imprisonment, and the fact that he appears to reflect on

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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

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