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(영문) 울산지방법원 2015.09.24 2015고단1644
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 16, 2007, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court, and on September 26, 2013, the Defendant issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act at the second general military court of the Armed Forces on September 26, 2013.

On June 23, 2015, at around 05:05, the Defendant driven a broad brace in the state of alcohol with approximately 500 meters alcohol concentration of 0.185% in a section of about 500 meters from the front of the main station to the front of the bending road located in the same Dong, in a tension, the Defendant driven a broad broad vehicle in the direction of 0.185%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report, an employment report on an employment of an employee, and a report on the actual state of an employee;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished twice due to drunk driving, and that the driving of drinking at the same time, and that the drinking value is high is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the fact that there is no record of the suspended execution or more criminal records, and other various sentencing conditions that are shown in the records, such as the defendant's age, character, environment, background of drinking driving, distance from

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