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(영문) 울산지방법원 2013.11.07 2013고단2724
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2013, at around 21:41, the Defendant driven a 8km-lurged vehicle from the front day of the cross-defluent package of the trade name in Ulsan-gu, Ulsan-gun, Ulsan-gun to the front day of the speech fire fighting in the Seoyang-gu, Ulsan-gun, Ulsan-do, Ulsan-gun, with the alcohol concentration of 0.207%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a police driver;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The sentence of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is high, and the sentence of a fine is not imposed for driving under drinking, thereby leading to again committing the instant crime. Therefore, a sentence of imprisonment shall be selected on the ground that the circumstances are not less exceptionally given that the sentence of a fine is not imposed.

However, other similar military records are to be taken into account as to whether to suspend the execution and the grace period before 198, but as there is a possibility of re-offending, the probation and the compliance officer's order to attend a lecture shall be determined by adding it to the order.

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