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(영문) 울산지방법원 2013.10.17 2013고단2956
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 September 5, 2008, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's branch court's order of KRW 1.5 million as a crime of violation of the Road Traffic Act. On April 5, 2010, the Ulsan District Court issued a fine of KRW 1.5 million as a penalty of violation of the Road Traffic Act

【Criminal Facts】

On August 4, 2013, at around 01:15, the Defendant driven BM5 automobiles under the influence of alcohol concentration of 0.153% from the aftermath of the main body in the Dong-dong, Busan, to the front of the main body in the Gu-dong, an area of approximately 80 meters from the road after the main body in the Dong-dong, Busan, to the front of the main body in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previouss: Application of Acts and subordinate statutes to inquiries, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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 (it is reasonable to impose a certain period of community service in order for a defendant to return to a sound member of society in view of the same kind of military force

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