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(영문) 울산지방법원 2015.12.21 2015고단2677
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 May 31, 2007, the Defendant was issued a summary order of KRW 1.5 million for the same offense at the Ulsan District Court, and KRW 5 million for the same offense at the same court on February 8, 2012.

On August 28, 2015, at around 09:05, the Defendant driven a fwing freight vehicle B while under the influence of alcohol content of about 0.054% from the section of approximately 5 kilometers to the front side of the YYYY, located in the Mangne-gu, Daegu Northern-gu, Daegu Northern-gu, to the west change.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of alternative imprisonment with prison labor (involving repeated crimes of the same kind, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 21, 2007) (see, 2007Da1228, Jan. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

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