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(영문) 울산지방법원 2016.06.01 2016고단1152
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2007, the Defendant issued, at the Ulsan District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act, a fine of KRW 5 million for a crime of violating the Road Traffic Act, a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on July 2, 2009, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act on May 14, 2013.

Although the Defendant had been punished for driving alcohol more than twice as above, on April 20, 2016, the Defendant driven B Poter Cargo with approximately 3km in the direction of alcohol 0.112% in alcohol while under the influence of alcohol, from the roads near Ulsan-gu, Ulsan-do, Ulsan-gun, Ulsan-gun, the Cheong-do, Ulsan-gun, the blue-do, the flow of which was around 21:20 on April 20, 201 to the Cheongsan-gun, the flow of which was around 0.112% in alcohol level in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 5) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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