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(영문) 울산지방법원 2014.05.29 2014고단230
도로교통법위반(음주운전)등
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 January 17, 2012, 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 on May 13, 2013, the same court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.

【Criminal Facts】 On January 22, 2014, at around 00:25, the Defendant driven a B-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of running a motor vehicle;

1. Registers of driver's licenses, and car4;

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

1. The application of criminal records, inquiry reports, and investigation reports (verification of the records of driving the same kind of drinking);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, including probation, community service, and lecture attendance order, has reached another crime of this case, even though it had been tried at two times as stated in its reasoning.

Inasmuch as an accident was caused by the development of alcohol and driving by driving in a manner that would have lost the spirit, if the accident occurred, the responsibility for the crime would not be weak in that it could lead to serious results.

Provided, That the punishment shall be determined as per the disposition by taking into account the fact that no life has occurred frequently and all the circumstances shown in the records.

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