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(영문) 울산지방법원 2015.10.19 2015고단1733
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 February 27, 2008, the Defendant received a summary order of one million won or more due to a violation of the Road Traffic Act from the Ulsan District Court, and a summary order of one million won or more due to a violation of the Road Traffic Act at the Ulsan District Court on October 5, 2009.

On June 3, 2015, at around 23:14, the Defendant driven a B-low-income vehicle under the influence of alcohol of about 0.101% of alcohol content from the front line of the Roman road to approximately 500 meters from the new 745-188, Dong-dong, Ulsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and the status of driving under the influence of alcohol;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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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