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(영문) 울산지방법원 2016.01.21 2015고단3182
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On November 3, 2004, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic laws at the Ulsan District Court on April 5, 2006 and a fine of 2 million won for the same crime at the same court on April 5, 2006. On May 24, 2013, the Defendant was sentenced to a suspended sentence for 8 months for a violation of road traffic laws (driving) by the same court on May 24, 2013.

[2] On September 24, 2015, at around 21:57, the Defendant driven a B-hurged vehicle with a alcohol content of about 600 meters from a section of approximately 600 meters from “Srash through Chish,” which is located in Yangsan-si, Dong, Yangsan-si (hereinafter “Srash”).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of a report on detection of a driver in charge, notification of completion of correction, or ledger of use of a drinking measuring instrument;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking alcohol driving) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

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

1. While considering the fact that there are many kinds of records on the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act and repeated drinking again despite the majority of the same kind of records on the grounds of sentencing, and that drinking values are considerably high, it is necessary to strictly punish the defendant. However, the fact that mistake is recognized and rebuttals, the fact that the current individual rehabilitation procedure is in progress, and all of the sentencing conditions on the records, such as the defendant's age, sexual behavior, home environment, health conditions, etc., shall be determined as per the disposition

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