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(영문) 울산지방법원 2016.04.29 2016고단468
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 29, 2006, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act, and on December 29, 201, the Defendant received a summary order of KRW 2,50,000 from the Ulsan District Court to a fine of KRW 1,50,00 due to a violation of the Road Traffic Act.

On February 26, 2016, the Defendant driven a passenger car under the influence of alcohol with approximately 0.165% alcohol level from the 2nd apartment parking lot in Ulsan-gu, Ulsan-dong to the front day of the Dong-dong Middle School.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle 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 Acts and subordinate statutes to inquiries, such as criminal history;

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 (The reflection of the nature of the offense, circumstances of the offense, etc.);

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

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