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(영문) 울산지방법원 2013.08.29 2013고단2507

도로교통법위반(음주운전)등

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] The Defendant, at the Ulsan District Court on September 26, 2008, has a record of receiving a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, a summary order of KRW 1.5 million for the same crime in the same court on March 15, 2010, and a summary order of KRW 5 million for the same crime in the same court on May 15, 2013.

【Criminal Facts】

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act as above, at around 03:25 on June 15, 2013, the Defendant driven Bho XG car while under the influence of alcohol leveling 0.177% without a driver’s license to the roads above the GpoxG car at the Gpool-dong, Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Statement of the results of the drinking driving control;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order, and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant