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(영문) 울산지방법원 2015.09.17 2015고단338
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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] On January 16, 2007, 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 1.5 million from the same court on July 4, 201 to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On January 21, 2015, at around 23:50, the Defendant driven B Poter truck under the influence of alcohol content of about 1k from a section of approximately 0.100% of blood alcohol content to the south intersection of the Nam-gu, Ulsan-gu, Busan-do.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

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

1. Statement on the status of a drinking driver, a report on the actions taken against a drinking driver, and an inquiry into the results of the control of driving;

1. Previous records of judgment: Criminal history records, references to criminal records, reporting on the results of confirmation before disposition, and applying Acts and subordinate statutes to investigation reports (reports attached to summary orders);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession and reflection of the crime by the defendant, and the absence of any record of suspension of qualifications or more severe punishment for the same crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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