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(영문) 울산지방법원 2015.12.16 2015고단1973
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 17, 2010, the Defendant was issued a summary order of a fine of 1.5 million won by the Ulsan District Court for a violation of the Road Traffic Act (driving). On September 14, 2012, the Defendant was sentenced to a suspended sentence of 8 months by the same court due to a violation of the Road Traffic Act (driving) and 2 years by the suspended sentence of 6 months by the same court on November 9 of the same year and 2 years by the violation of the Road Traffic Act (driving).

On August 10, 2015, at around 08:40, the Defendant driven a 10-meter section in the public parking lot for New Triho Tridong, which is located in Ulsan-gu Multi-gu, Ulsan-gu, with a blood alcohol concentration of 0.236%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previouss before judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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 imprisonment with prison labor chosen;

1. The fact that the period of probation of imprisonment with prison labor for the same kind of crime for sentencing has not elapsed one year since the end of the period of probation for the execution of imprisonment with prison labor due to discretionary mitigation (hereinafter referred to as the following favorable circumstances) under Articles 53 and 55(1)3 (c) of the Criminal Act, and the fact that drinking was very high, while there are circumstances that make the confession of the crime and take into account the circumstances of driving, and other circumstances such as the age of

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