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(영문) 울산지방법원 2015.09.24 2015고단1698
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 31, 2007, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act, and a fine of 3 million won for a violation of the Road Traffic Act at the Ulsan District Court on March 13, 2008. On May 28, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Ulsan District Court on May 28, 2009.

On June 5, 2015, at around 22:19, the Defendant driven C-Wood car with approximately 80 meters in a section of approximately 0.165% of blood alcohol content from the front of the flooded water sugar in Ulsan-gu, Ulsan-do to the lower end of the river in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the control of drinking driving and the report on the status of drinking drivers;

1. Previous records of judgment: Criminal records, a copy of each summary order, and the application of Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Although the records, such as a probationary force of sentencing under Article 26-2 of the Criminal Act, such as an order to provide community service and an order to attend a lecture, even though the driving force of drinking alcohol is several times and the drinking alcohol level is high, the punishment as ordered shall be determined by taking account of various sentencing conditions stated in the records, such as the defendant's age, character and behavior, environment, the background of drinking driving, the distance of drinking driving, and the circumstances after the crime, such as the fact that the defendant is under the influence of drinking alcohol, and there is no record of criminal punishment for about 6 years, and that there is a family member to support the wife, young children, and mother, etc.

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