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(영문) 울산지방법원 2015.09.17 2015고단523
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 26, 2010, the Defendant issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Ulsan District Court on April 26, 201, and the same year.

6. 28. The same court has been issued a summary order of KRW 3 million on the grounds of a violation of the Road Traffic Act.

On February 14, 2015, at around 00:13, the Defendant driven the amount of approximately 400 meters from the roads of the UFC Broadcasting Station located in Ulsan-gu Glsan-dong to MFFFK located in the same GGG-dong under the influence of alcohol level of 0.079%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. A report on the actual status of a host driver;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The fact that a re-driving of a motor vehicle, despite the fact that there was two times of the reasons for sentencing under Article 62-2 of the Criminal Act, has been done, shall be determined as ordered by taking into consideration the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., such as the confession and reflect of the defendant, and the fact that the drinking alcohol level was not high.

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