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(영문) 울산지방법원 2015.06.04 2015고단602
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 27, 2009, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, on October 26, 2009, a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act (driving) from the Busan District Court, and on June 12, 2012, a summary order of KRW 7,00,000 as a fine was notified, respectively.

1. On January 21, 2015, at around 23:20, the Defendant driven a C New EF rocketing car with a blood alcohol concentration of about 100 meters from the public parking lot in the new market located in Ulsan-gu, Ulsan-gu to the shooting distance in the new market.

2. On February 4, 2015, at around 00:40, the Defendant driven the said car with the blood alcohol concentration of about 0.138 percent from a section of about 30 meters from the front of the mutual singing room located in Ulsan-gu, Ulsan-gu to the front of the road in which such a part of the car is located.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, report on the situation of a drunk driver (12 pages of evidence), report on the situation of a drunk driving (not more than 19 pages of evidence), and inquiry into the results of the crackdown on drunk driving;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (attached to the same criminal records and summary orders) Acts and subordinate statutes;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Although the probation and order to attend a lecture had already been punished three times due to drinking driving as stated in the judgment of the reasons for sentencing in Article 62-2 of the Criminal Act, the crime of this case is committed again, and it does not seem to have been controlled as drinking driving as stated in paragraph (1) of the same Article, and thus, it again conducted drinking driving as stated in paragraph (2) of the same Article.

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