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(영문) 울산지방법원 2016.10.21 2016고단2700
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 30, 2008, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 8, 2011, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On August 9, 2016, at around 13:45, the Defendant driven a B-to-purd vehicle in the state of alcohol alcohol concentration of about 0.193% in the 8-distance section of the 8-lane of Ulsan-gu, U.S., Ulsan-do, with the front of the (Gu) Myeongcheon-do Office, up to the decline distance in the south-gu, Ulsan-do.

As a result, even though the defendant had been punished more than twice due to the violation of the Road Traffic Act, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before ruling: References to criminal records and application of Acts and subordinate statutes of each summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

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

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

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