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(영문) 울산지방법원 2016.07.19 2015고단2866
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act by the Ulsan District Court, and on October 30, 2008, issued a summary order of KRW 1.5 million for the same crime by the same court, and on October 21, 2015, issued a summary order of KRW 5 million for the same crime by the same court.

On October 2, 2015, the Defendant, who had at least twice the history of violating the Road Traffic Act (drinking driving), driven B rocketing vehicles under the influence of alcohol content of approximately 0.066% in a section of about 500 meters from the distance near the department store to the road front of the place of business in the same Dong-dong, Nam-gu, Ulsan-gu, 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 statement in the circumstances of the driver of drinking;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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