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(영문) 울산지방법원 2015.06.11 2015고단570
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 23, 2009, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on February 23, 2009, and a summary order of KRW 2.5 million to a fine by the same court on February 9, 2011.

On February 11, 2015, the Defendant, while under the influence of alcohol with 0.109% of blood alcohol concentration on 18:45, driving a C-brea truck under the influence of alcohol with approximately 5 km from the day before the old galking office located in the P-ridong in Ulsan-gu, Ulsan-do, with no driver’s license, to the front road of the G-ri-dong, Ulsan-gu, U.S. B-ri, with approximately 0.109% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, references to each disposition, reporting on the results of confirmation, and application of Acts and subordinate statutes of a copy of summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The defendant shall be selected to be sentenced to imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into consideration the blood alcohol concentration of the defendant and the repeated records of the Road Traffic Act;

However, the punishment as ordered shall be determined in consideration of the defendant's age, character and behavior, environment, circumstances after the crime, etc., which are shown in the record and pleading, and the fact that the defendant is led to confession and reflect, appears to have disposed of the vehicle, the distance of drinking driving, the situation of drinking driving,

Since it is recognized that the risk of recidivism is reasonable, an order to attend a law-abiding lecture is added.

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