beta
(영문) 울산지방법원 2014.08.14 2014고단1738

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 February 5, 2008, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the same court on July 17, 2012.

【Criminal Facts】

On May 27, 2014, at around 04:00, the Defendant driven a BTXG car with approximately 1.5 kilometers from the front of the 21st century Good Hospital located in Ulsan-dong, to the new Doncheon-dong road located in the same new Doncheon-dong to approximately 0.122% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes attached to inquiries about criminal records, etc., the list of related cases, and the same summary order;

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that it appears to recognize and reflect criminal conduct, the fact that there is no criminal record of a stay of execution or more than a stay of execution, and that it is said that a person would not drive under the influence of alcohol again);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;