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(영문) 울산지방법원 2013.08.08 2013고단1978

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2013, the Defendant driven B observer car at approximately 100 meters from the front Do of the Hanyang apartment in Ulsan-gu, Ulsan-gu to the front Do of the entrance of the construction site of the Han-do apartment in the same Dong, while under the influence of alcohol of 0.206% of alcohol level around 20:00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the police driving crackdown and the circumstantial statement of a drinking driver;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act are high in drinking water of this case and criminal punishment for 20 times due to violence, etc., thereby making a choice of imprisonment with prison labor.

However, considering that there are many criminal records of drinking driving and the most recent records of the same kind of crime in 2001, the execution shall be postponed for a short period of time, but the probation of a certain period of time and the attendance order of compliance driving shall be added in consideration of concerns over recidivism, and the sentence as the order shall be determined.