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(영문) 울산지방법원 2016.09.30 2016고단2972
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On March 12, 2007, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of road traffic laws at the Ulsan District Court on March 12, 2007, and a summary order of KRW 3.5 million with the same court on January 17, 2012 due to a violation of road traffic laws.

On August 31, 2016, the Defendant driven B automobiles at approximately 100 meters in front of the Ganyang fire station in the same Eup/Myeon, an alternative to the Gansan-gun, Ulsan-gun, under the influence of alcohol content of 0.142% during blood transfusion around 21:27.

In this respect, the Defendant, even though driving a drinking twice or more, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of a reply to inquiry, such as criminal history, investigation report (Attachment to each copy of the summary order - confirmation of the same criminal records and details thereof);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of crimes, including the background of crimes and the facts against which crimes are committed);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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