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(영문) 울산지방법원 2016.04.20 2016고단709
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2009, the Defendant issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on September 15, 2009, and a summary order of KRW 3 million as a fine in the same court on March 12, 2013.

On March 11, 2016, the Defendant driven a coo vehicle in B while under the influence of alcohol content of about 50 meters from around 00:06 to 0.116% of alcohol content in blood, from around the day of the “house” restaurant located in the Nam-gu Seoul Metropolitan City, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly six times) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that a person has no record of being punished for a suspended sentence or heavier for the same criminal record, and other extenuating circumstances, such as the details of the crime and degree of reflectivity, etc. as shown in the records and pleadings);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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