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(영문) 울산지방법원 2015.05.15 2015고단400
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On February 11, 2008, the defendant was issued a summary order of 2 million won for the crime of violating the Road Traffic Act at the Ulsan District Court on February 11, 2008, and on May 10, 2012, the same court was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act in the same court on May 10, 201 as well as a suspended sentence of 2 years for a violation of the Road Traffic Act.

【Criminal Facts】

On December 30, 2014, at around 22:00 on December 30, 2014, the Defendant driven Crocketing car with a blood alcohol content of about 0.5km from the Do in front of the public sports ground located in the northwest-dong, Chungcheongnam-si, Yangyang-si to the front road in the same intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Documents related to drinking;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant reflects the fact that he/she is attempting to commit a crime, and that the defendant supports his/her family as a disability Grade 6 is an element for sentencing favorable to the defendant.

The defendant's records of the same suspended execution include three times the same criminal records, the records of the non-driving without a license are three times, and the defendant is driving under the influence of alcohol to return home, and there are no circumstances to consider the situation of the drinking driving. The defendant has no choice but to view that the defendant does not recognize the awareness and risk of the driving under the influence of alcohol properly.

Other conditions of sentencing, such as the age, health status, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.

Next, the suspension of the execution against the defendant.

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