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(영문) 울산지방법원 2015.06.04 2015고단447
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2011, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act on June 10, 2013.

On December 25, 2014, at around 08:10, the Defendant driven a balp-burged vehicle with approximately 5km from the 5km section before the Hyundai Automobile ex-factory located in the Northern-dong, Ulsan-gu, Ulsan-si, to the road in front of the Hyundai Automobile-Shipment Office located in Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as inquiry reports and investigation reports (report attached to the same criminal records and summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In light of the circumstances, such as the previous conviction on the grounds of sentencing under Article 62(1) of the Criminal Act, even if there was the past record of punishment for drunk driving twice as in the judgment of the reasons of suspended sentence, the fact that the instant crime was committed again, other than the above previous conviction, there is no particular criminal record, and the Defendant’s change of the defendant who was forced to drive inevitably due to the lack of representation even though he did not go through any means, appears not to be false, and the depth of the instant crime is against and against the nature of the instant crime, etc., shall be determined as per the order, taking into consideration the favorable circumstances

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