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(영문) 울산지방법원 2015.04.30 2015고단137
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 February 12, 2008, the Defendant received respectively a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, KRW 1 million from the same court on February 26, 2010, and KRW 2 million from the same court on August 19, 201 as the same crime.

On January 7, 2015, at around 0:55, the Defendant driven CSP vehicles at a section of approximately 500 meters in the vicinity of TsP vehicles located in Seoyang-gun, Ulsan-gun, Ulsan-do, to the roads located in the same Gun from the roads adjacent to TsP vehicles located in Seoyang-gu, Ulsan-gun, Ulsan-do to the roads located in Seonam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

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

1. Previous convictions indicated in judgment: References to criminal records and the application of a copy of each summary order;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, 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. The defendant shall be selected to be sentenced to imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into consideration the blood alcohol concentration of the defendant and the repeated records of the Road Traffic Act;

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is against the nature of the crime, the fact that the defendant was punished for the crime such as drinking driving in the past, the circumstances leading to the drinking driving, the distance from the drinking driving, the age, character and conduct, environment, the circumstances after the crime, etc.

Since it is recognized that the risk of recidivism is reasonable, an order to attend a law-abiding lecture is added.

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