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(영문) 울산지방법원 2014.08.29 2014고단1768
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 February 26, 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 2 million from the same court on March 25, 2014 to a fine for the same crime.

On May 11, 2014, at around 00:03, the Defendant driven a rocketing car under the influence of alcohol content of approximately 0.237% from the 6km section to the front route of the port-top elementary school located in the same Gu-free Dong, Nam-gu, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. A written request for appraisal;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists no record of the punishment for imprisonment and the fact that the punishment for imprisonment is divided by mistake);

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

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