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(영문) 울산지방법원 2019.03.28 2018고단3935 (1)
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

On January 9, 2009, the Defendant was sentenced to a fine of 1.5 million won as a crime of violation of the Road Traffic Act at the Ulsan District Court, and two million won as a fine at the Ulsan District Court on December 15, 2009.

Nevertheless, at around 00:50 on December 15, 2018, the Defendant driven a D-hurd-hurd-hurd-purged-purged-purged-purg-purg-purg-purg-purg-purg-purged-purged-purged-purg-purg-purged-purg

Accordingly, even though the Defendant violated the prohibition of drinking driving more than twice, the Defendant once again driven under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and records of the control of drinking driving (2008, 2009);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. As for the reason of sentencing under Article 62-2 of the Criminal Act, community service and order to attend a lecture, despite the fact that the defendant had been punished for drinking without permission, it again leads to the crime of this case. On the other hand, the defendant's age, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime, etc., and the conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc., shall be comprehensively considered, and the execution thereof shall be suspended,

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