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(영문) 울산지방법원 2014.04.24 2014고단121
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

On November 2, 2007, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on September 1, 2010 to a fine for the same crime.

On December 3, 2013, at around 19:40, the Defendant driven a car in the column B while under the influence of alcohol content of about 0.126% at a section of approximately 800 meters from the front road of Ulsan-gu, Ulsan-gu, and the front road of about 6-gil 36-gil of the same half-gu to the road of the same half-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Previous convictions indicated in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports (Attachment to 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 decision is delivered with the order for the reason of sentencing the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act, on the ground that the defendant had a criminal record of drinking alcohol at multiple times, and even if he was sentenced to a fine, he was under the influence of driving alcohol at several times, and that he fights with the other party driver at the time of parking at the time of this case, etc. with the other party driver. However, in light of the circumstances leading up to the suspension of sentence and the criminal records, etc. taking into account the fact that the defendant's mistake is remarkably divided, the risk of recidivism is recognized, and thus, the probation and compliance driving lecture

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