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(영문) 울산지방법원 2014.11.06 2014고단2292
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

[criminal power] On June 25, 2007, the Defendant was issued a summary order of KRW 2 million by the Busan District Court to a fine for a violation of the Road Traffic Act, and on June 29, 201, a summary order of KRW 1 million was issued by the Ulsan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On May 29, 2014, at around 21:15, the Defendant driven a B-ri vehicle under the influence of alcohol content of about 0.210% in a section of approximately 100 meters from the road front of the Nam-gu Busan Metropolitan City Inter-dong Inter-si, to the road front of the same future heat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached reporting to summary orders);

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. Although it is not good that probation and community service and order to attend a lecture once and twice the same kind of offense for sentencing under Article 62-2 of the Criminal Act, the punishment is determined by taking into account the following factors: (a) it reflects errors; (b) it has no criminal records since 2011; and (c) the sentencing data indicated in the records, such as the Defendant’s age, character and conduct, family environment,

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