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(영문) 울산지방법원 2015.11.05 2015고단1928
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

[criminal power] On December 10, 2010, the Defendant was issued a summary order of a fine of two million won by the Suwon District Court for a violation of the Road Traffic Act (driving). On November 23, 2011, the Defendant was issued a summary order of a fine of six million won by the same court.

【Criminal Facts】

On July 19, 2015, the suspect, who has at least two times of the violation of the Road Traffic Act, driven a B-ro car under the influence of alcohol with approximately KRW 0.158% of alcohol concentration from the road front of the Dongdaemun-gu post office located in 781 to the same 3-dong-dong-ro 76-1, as he/sheed around 04:10 on July 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and copies of summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Although the punishment of Article 62-2 of the Social Service Order Act was imposed twice the same kind of punishment, it is not less vulnerable to criminal liability in that it repeats the crime, the defendant's age, character and conduct, and environment, and all of the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, shall be determined as ordered

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