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(영문) 울산지방법원 2015.11.26 2015고단2648
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 January 10, 2012, the Defendant received a summary order of a fine of two million won for a crime of violation of the Road Traffic Act from the Ulsan District Court, and a summary order of a fine of three million won for the same crime in the same court on April 14, 2014, respectively.

【Criminal Facts】

On October 5, 2015, at around 00:005, the Defendant driven a Grand Cross with blood alcohol content of 0.097% at a section of approximately 100 meters prior to the Ulsan-gun, Ulsan-gun, U.S. D. D. D. to the roads prior to the Ulsan-gun, U.S. D. C. C., U.S. C., 201.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the state of the drinking driving, and the inquiry into the results of the drinking driving control;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (Attachment to the same type of judgment);

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 is not less than that of re-offending even three times the same records as the reasons for sentencing, the punishment as the disposition is determined by taking into account the following factors: (a) the fact that the punishment is against the wrongness; (b) the fact that the punishment exceeds the fine; and (c) the defendant’s age, character and conduct

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