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(영문) 울산지방법원 2015.10.26 2015고단1902
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 March 2, 2009, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on November 7, 2012.

On August 2, 2015, at around 06:55, the Defendant driven a B Abburf-D car under the influence of alcohol concentration of approximately 5km from the 5km section from the duct apartment in Ulsan-gu, Ulsan-do to the Magdong northwest-dong in the same Gu.

After all, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty of imprisonment (Consideration of repeated punishment, etc.);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 201

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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