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(영문) 울산지방법원 2014.04.10 2013고단3989
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 April 16, 2007, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 16, 2007, and a fine of 5 million won for a violation of the Road Traffic Act (driving) at the same court on December 26, 201.

On November 28, 2013, at around 22:15, the Defendant driven a B rocketing car with approximately 200 meters alcohol concentration 0.152% under the influence of alcohol on the road in the Solsan-gun, Ulsan-gun, Ulsan-do, to the roads in the same Eup. The Defendant driven a B rocketing car in the influence of alcohol content from approximately 200 meters to the roads in the same Eup.

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 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 reasons for sentencing under the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act on probation and order to attend a lecture are as follows: (a) Defendant was a criminal record of drunk driving in the year 2004, 2005, 2007, 201, and 4 times in the year 201; and (b) Defendant was sentenced to a fine, despite the fact that the Defendant was sentenced to a fine, the Defendant was under the influence of drinking driving in the instant case; and (c) the Defendant was under the influence of drinking alcohol; and (d) the Defendant was under the influence of taking into account the fact that the Defendant was in depth, taking into account the circumstances leading up to the crime, criminal power, etc., the risk of recidivism

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