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(영문) 울산지방법원 2015.12.17 2015고단2723
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

[criminal power] The defendant, at the Ulsan District Court on April 30, 2007, sentenced a fine of 1.5 million won for a violation of the Road Traffic Act (driving) and on August 27, 2007, issued a summary order of 4 million won for a violation of the Road Traffic Act (driving) by the same court on August 27, 2007. On July 9, 2008, the same court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (refluence of measurement). On April 18, 201, the defendant was sentenced to a summary order of 7 million won for a fine by the same court on April 18, 201.

【Criminal Facts】

On August 25, 2015, at around 20:07, the Defendant driven a ecoo vehicle with approximately three-meter section while under the influence of alcohol 0.151 percent in blood alcohol concentration in front of the guard room at the entrance of the large image apartment in Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the personnel actions of a drinking driver, a report on the status of a drinking driver, a ledger of use of a drinking measuring instrument, and a notice of completion of correction;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.);

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. Probation and community service order Article 62-2 of the Criminal Act, even though many people of the same kind of experience in sentencing and repeating drinking again, Defendant should be punished strictly. However, the fact that mistake is recognized and contradictory, and all of the sentencing conditions shown in the records, such as Defendant’s age, character and conduct, family environment, etc., shall be determined as ordered by taking into account the following factors.

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