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(영문) 울산지방법원 2016.01.21 2015고단2948
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 15, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on September 9, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

On October 5, 2015, around 18:15, the Defendant driven a C rocketing car in the state of alcohol alcohol concentration of about 200 meters from the front of G Mart, which is located in the north-dong in Yangsan-si, Yangyang-si to the front of the new flag apartment in the same new flag-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. An accident scene photograph;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although there are two grounds for sentencing under Article 62-2 of the Criminal Act, the driving of drinking alcohol at once, and the occurrence of traffic accidents, and the fact that the blood alcohol concentration level is high is disadvantageous to the defendant.

However, in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the fact that there is no record of the suspension of execution or more criminal records, and the age, sex behavior, environment, motive and background of the drinking, the driving distance of drinking, and the circumstances after the crime, etc., the punishment shall be determined like the order.

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