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(영문) 울산지방법원 2013.05.24 2013고단443

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

The defendant, who has been at least two times in the Donju power, was driving a B Adon-purged car.

On August 10, 2012, around 21:15, the vehicle was driven at a distance of approximately 200 meters from around 200 meters to the front of the same line 4th apartment in front of the same jun-dong jun-dong, Yangsan-si, Yangsan-si, with a blood alcohol concentration of 0.127%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again repeats the same kind of crime even though he/she had a record of serving two times of drinking driving.

It is the sentencing factor favorable to the defendant that the defendant has committed a crime and committed a mistake in depth, and that the defendant has no criminal records of the same kind as that of the suspended execution.

Other conditions of sentencing, such as the age, character and conduct, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined as per the order.