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(영문) 울산지방법원 2013.12.06 2013고단3388
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2011, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act at the Ulsan District Court on February 24, 201, and was sentenced to a fine of four million won or more for a crime of violating the Road Traffic Act at the Ulsan District Court on August 3, 2009 and was sentenced to a punishment of two or more times for a drunk driving.

On September 23, 2013, the Defendant driven B car under the influence of alcohol content of about 0.210% at a section of approximately 100 meters from the 637-21 underground parking lot of Ulsan-dong, Ulsan-dong, Ulsan-dong, to the front road of the Dong fire station located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of criminal records, investigation reports (limited to the same criminal records, the degree of suspended execution, and facts);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

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