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(영문) 울산지방법원 2015.07.23 2015고단1180
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On July 18, 2008, the Defendant was notified of a summary order of a fine of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act, and on March 23, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court in the same court on March 23, 2012, and the same power has more than three times.

On May 12, 2015, the Defendant, while under the influence of alcohol of 0.064% of blood alcohol concentration on May 23:25, 2015, driven approximately 300 meters from around the e-fluent apartment near the e-fluent apartment located in the e-fluent Ri of the water in the city of Kusan-si to the e-fluent apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. A previous conviction in judgment: An inquiry report, the ordinary part of the disposition, a report on the results of confirmation, and application of Acts and subordinate statutes to an investigation report (Attachment to a summary order);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following facts: (a) the Defendant had already been punished five times due to drunk driving as before the judgment was rendered; (b) the Defendant, in 2012, was given sufficient warning to the suspension of the execution of imprisonment with prison labor due to drunk driving, and (c) the Defendant again committed the instant crime without being subject to the suspension of the execution of imprisonment with prison labor, it is inevitable to sentence

However, in consideration of the fact that it is late and late, etc., the punishment as per the disposition shall be determined.

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