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(영문) 울산지방법원 2016.01.07 2015고단2991
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On August 11, 2004, the defendant was sentenced to a fine of two million won for a violation of road traffic law at the Ulsan District Court on December 31, 2007, a fine of one million won for the same crime at the same court on December 31, 2007, and a summary order of two million won for the same crime at the same court on March 17, 2008.

[2] On October 23, 2015, the Defendant driven a B S350-L car under the influence of alcohol with approximately 0.072% alcohol concentration from a section of approximately 1 kilometer to the front road of the entrance of a village where it is able to see that it is possible for the Defendant to drive a b350-L car in the state of under the influence of alcohol from around 14:12 to around 14:12.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of traffic laws on roads, reporting on the circumstances of drivers of drinking, notification of the results of regulating the driving of drinking, and inquiry into the results of regulating the driving of drinking;

1. References to inquiries, such as criminal history, three inquiries about the results of crackdown on drinking driving, investigation reports (examination of the same kind of force), and application of each summary order by statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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;

1. In light of the observation of protection and the fact that a majority of the same kind of reasons for sentencing under Article 62-2 of the Criminal Code of the community service order and the repeated driving of drinking again, the defendant should be punished strictly. However, the defendant should be punished strictly, but the fact that the defendant's mistake is recognized and rebuttals, and all other factors of sentencing indicated in the records, such as the defendant's age, sexual behavior, family environment, etc., shall

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