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(영문) 울산지방법원 2014.11.06 2014고단2604

도로교통법위반(음주운전)

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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

On May 14, 2008, the Defendant was notified of a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Ulsan District Court, etc., and on November 8, 2010, the Defendant was sentenced to a suspended sentence for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Ulsan District Court.

On July 29, 2014, at around 22:25, the Defendant driven B X-ray vehicles within approximately approximately 200 meters from around a restaurant in the defensive Dong-dong, Ulsan-gu, U.S. to the front of the defense Dong-dong community service center located in the same Dong, while under the influence of alcohol content of 0.120%.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol not less than twice even though he had the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the actual state of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records reply and investigation reports (Attachment to a copy of a 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's reason for sentencing of Article 62-2 (1) of the Criminal Act on orders to provide community service and attend lectures is that the defendant has been punished several times for drunk driving, and the defendant is also under the influence of drinking, and the defendant is also not under the influence of drinking and so on.

Provided, That the execution of a sentence shall be suspended in consideration of the fact that four years have elapsed from the time the final drinking driving is discovered, the distance of drinking driving, etc.

Since it is recognized that the risk of recidivism is reasonable, the community service order and the order to attend the law is added.