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(영문) 울산지방법원 2014.06.12 2014고단503

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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 May 26, 1998, the defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act, etc. at the Ulsan District Court on March 24, 199, sentenced to a imprisonment of 10 months for a violation of the Road Traffic Act, etc. at the Ulsan District Court on September 21, 2001, sentenced to a sentenced sentence of 10 months for a violation of the Road Traffic Act, etc. at the Ulsan District Court on May 7, 2003, sentenced to a summary order of 5 million won for a violation of the Road Traffic Act (driving), issued by the Ulsan District Court on November 12, 2004, and sentenced to a penalty of 4 months for a violation of the Road Traffic Act (driving) at the Busan District Court on November 12, 2004.

【Criminal Facts】

At around 11:40 on January 16, 2014, the Defendant, while under the influence of alcohol of approximately 0.120 percent of blood alcohol content, driven a distance of about 5 kilometers from the front side of the Han-ro Interan City, Yangyang-si, Yangyang-si, both of which are located in the upper region of the Gyeongnam-si, Yangyang-si, Yangyang-si, the Defendant driven a distance of about 5 kilometers from the upper region of the Han-ro to the 56-distance parking lot located in the same city at the same time via the Songho-gu, Gohowon located in the relevant city.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement C and D;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

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

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

1. Probation of probation, community service order, and order to attend lecture, taking into account the fact that the sentencing of Article 62-2 of the Criminal Act is the majority of previous convictions and the odometer is not short;