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(영문) 울산지방법원 2015.10.26 2015고단1827
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

The Defendant was sentenced to a fine of KRW 700,000 by the Ulsan District Court on July 30, 2008 for a violation of the Road Traffic Act, and a fine of KRW 2 million by the same court on November 8, 2013 for the same crime.

Notwithstanding the aforementioned criminal records, the Defendant driven a B-car car at a distance of about 2 km from the former terminal located in the north-dong in Yangsan-si, Yangsan-si to the tinsan-si Do in the same City, while under the influence of alcohol around 23:00 on July 18, 2015, around 0.126% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Previous for judgment: Application of Acts and subordinate statutes attached to two copies of criminal records, inquiry reports, investigation reports (report accompanied by a summary order of the same kind of power), and summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty of imprisonment (Consideration of repeated punishment, etc.);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 201

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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