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(영문) 울산지방법원 2016.11.10 2016고단3502
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 October 2, 2006, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (driving) at the Ulsan District Court, and on April 3, 2008, to a suspended sentence of one year for six months by imprisonment with prison labor for the same crime, etc. at the same court.

On October 8, 2016, at around 00:58, the Defendant driven a B low-speed car at the 1km section from the Do adjacent to the Do of the Do of the B-dong in Ulsan-gu, Ulsan-gu to the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Republic of Korea to the front of the Do of the Do of the Do of the Do of the Do of the Do of the Republic of Korea.

Accordingly, the defendant has violated Article 44 (1) of the Road Traffic Act at least twice and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, notification of completion of correction, circumstantial report, report on the situation of drinking driving, and inquiry into the results of the drinking driving control;

1. The license ledger, the next inquiry, and the mandatory insurance;

1. A report on investigation;

1. Application of Acts and subordinate statutes, such as criminal records;

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 prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

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