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(영문) 울산지방법원 2013.08.22 2013고단2144
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 July 30, 2008, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 30, 2008, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 11, 201.

【Criminal Facts】

At around 18:00 on April 9, 2013, the Defendant driven B car while under the influence of alcohol content of about 0.212% at the 20km section from the Do before the Gansan-si Seoul Metropolitan City to the 5km area of the flow of the central highway located in the Do in Yangsan-si, Yangsan-si. The Defendant driven B car in the state of under the influence of alcohol content of about 20km.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employer to the driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning 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 (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant

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