logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.10.23 2014고단2208
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 August 16, 2007, the Defendant was sentenced to a suspended sentence of 7 months by the Ulsan District Court for a violation of the Road Traffic Act, etc., and was sentenced to a suspended sentence of 8 months by the Ulsan District Court on March 19, 2008 for a violation of the Road Traffic Act.

On June 17, 2014, at around 23:10, the Defendant driven B rocketing car with a blood alcohol content of about 200 meters from the Do in front of the Seongbuk-gu Sungdong-dong, Ulsan to the front road of the Bori-ri Village located in the same Dong, while under the influence of alcohol of about 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of the driver, and a report on the status of the driver's operation;

1. Previous convictions: Application of a reply to criminal records and investigation reports (Attachment to judgment) Acts and subordinate statutes;

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 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2(1) of the Criminal Act shall be selected by imprisonment with prison labor on account of the circumstances, including the following: (a) although the defendant had a previous conviction who was sentenced twice due to drunk driving, even though he was sentenced to a heavy sentence, he/she also drives a motor vehicle; (b) he/she causes damage to a parked motor vehicle during drunk driving; and (c) the degree

Provided, That the execution of a sentence shall be suspended in consideration of the fact that seven 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 probation order and the order to attend the community service order and the compliance driving lecture are added.

arrow