logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.07.11 2014고단537
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 December 15, 1998, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the North Branch of the Seoul District Court, and on August 4, 2001, issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Government Branch of the Seoul District Court, and on January 9, 2007, issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court, and on November 5, 2007, issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act.

Around 02:40 on February 16, 2014, while under the influence of alcohol by approximately 0.132 percent of blood alcohol concentration, the Defendant driven a 20km distance from the Ulsan-gun, Ulsan-gun, Ulsan-gun, to the point of 37.6km in Seoul-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Previous records: Criminal records, etc. inquiry reports and application of each summary order-related Act and subordinate statutes;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):

1. Article 62 (1) of the Criminal Act on the stay of execution (It shall be taken into consideration that there is no record of punishment for the same crime and that there is a misunderstanding of errors);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

arrow