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(영문) 울산지방법원 2016.10.25 2016고단3318
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 August 19, 2010, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court with a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 8 million by the same court on July 8, 2008.

On September 16, 2016, at around 06, the Defendant driven Creki Corste under the influence of alcohol concentration of approximately 0.151% from approximately 700 meters to the entrance road of the B apartment on the front of the Gancheon apartment located in Ulsan-gu Newcheon-dong, Ulsan-do.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. Report on the circumstantial statements of the driving of a drinking driver, report on the detection of a drinking driver, notification of the completion of correction, and inquiry into the results of the regulation of drinking driving;

1. Each investigation report and each investigation result report;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the defendant has no same record of serving a punishment heavier than imprisonment without prison labor);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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