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(영문) 울산지방법원 2015.05.21 2015고단541
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2009, the Defendant was notified of a summary order of a fine of 1.5 million won by committing a violation of the Road Traffic Act at the Ulsan District Court. On August 14, 2012, the Defendant was notified of a summary order of a fine of 6 million won by committing a violation of the Road Traffic Act.

Notwithstanding the aforementioned criminal records, the Defendant, while under the influence of alcohol level of 0.156%, driven at around 00:39 on January 10, 2015, around 10:00, the degree of approximately 300 meters to the first parking lot of residents located in Ulsan-gu, Ulsan-gu, U.S. at around 59 (Haak-dong), prior to the same Gu curriculum6-ro 59 (Haak-dong).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the drivers and investigation report (specific distance for sound driving);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (report accompanied by summary orders issued by the same type of power);

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. The defendant, on August 23, 200, was sentenced to a suspended sentence of ten months for the crime of violation of the Road Traffic Act at the Ulsan District Court on August 23, 200, and was sentenced to a suspended sentence of two years for the reason of sentencing under Article 62-2 of the Criminal Act. In recent years, even though he was punished by a fine on two occasions for the same crime like the previous crime in the judgment, he again committed the crime of this case, the defendant was deprived of his occupation due to the crime of this case while on-the-job service, while he was on-the-job service, the defendant would not repeat again the same mistake, such as disposing of the vehicle and working at the workplace only if he can get commuted by bus, taking into account the favorable circumstances such as the fact that the defendant has no criminal record over the suspended sentence of ten years or more.

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