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(영문) 울산지방법원 2017.05.18 2017고단1243
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant driven B 1 ton cargo in the state of alcohol alcohol level of about 0.212% from the section of approximately 5.5km in the middle-gu Seoul Metropolitan City, Jung-gu to the road in front of the Dongcheon-dong, Jung-gu, U.S., U.S. on the 200:37 Down-gu, U.S. D. 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (Article 53 and 55(1)3 of the same Act, taking into account the following factors: (a) there is no record of criminal punishment heavier than the suspension of execution due to the same kind of crime; (b) traffic accidents are not accompanied; and (c) other circumstances, such as the details of the crime committed in the records and pleadings and the degree of reflection;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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