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(영문) 울산지방법원 2015.04.15 2015고단199
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 June 23, 2008, the Defendant was issued a summary order of KRW 700,000 by the Ulsan District Court for a violation of the Road Traffic Act, and on March 11, 2015, the Defendant was issued a summary order of KRW 5 million by the same court due to a violation of the Road Traffic Act.

On January 9, 2015, at around 02:50, the Defendant driven a vehicle of approximately 200 meters from the Gu 580 Do 580 to the front of the same Dou Fire Station in Ulsan-gun, Ulsan-gun, an alternative underground map for the Namyang-do, Ulsan-do, Seoul-do, with the blood alcohol content of 0.064%.

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. Records before judgment: Criminal records, etc. inquiry reports, one copy of summary order, one copy of indictment, investigation reports, and summary order under Acts and subordinate statutes;

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 alternative imprisonment with prison labor (involving repeated crimes of the same kind, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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