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(영문) 울산지방법원 2012.11.30 2012고합454
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

Criminal power is a person who was sentenced to a fine of one million won on November 28, 2008 by the Ulsan District Court for the crime of violation of the Road Traffic Act in Ulsan District Court on November 28, 2008, and a fine of one million and five hundred thousand won on October 26, 2009 by the same court as the same crime.

Criminal facts

On September 25, 2012, at around 23:50 on September 25, 2012, the Defendant driven a vehicle B in the state of alcohol with approximately 500 meters alcohol alcohol concentration of about 0.208% from the front side of the main road where it is impossible to find out the trade name in Yangsan-si dong to the front intersection in the same Jung-dong.

Summary of Evidence

1. Defendant’s legal statement 1, report on the occurrence of a traffic accident, and report on the detection of the driver;

1. Previous records: Application of criminal records, etc. and other 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 which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, etc., and Article 59 of the Act provides that the current Road Traffic Act provides that a person who has violated the provisions on the prohibition of drinking under the influence of alcohol shall be punished more strictly in cases where he/she drives under the influence of alcohol more than twice in order to prevent the driving under the influence of alcohol that threatens the safety of road traffic and to realize awareness about it. In addition, the defendant has a total of four times of driving under the influence of alcohol, and the defendant has a total of four times of driving under the influence of alcohol, and the blood alcohol concentration of the defendant was higher than 0.208% at the time of the crime of this case, and the defendant may cause a large amount of damage to human life due to

However, the fact that the defendant is living in depth while making a confession of his/her crime is favorable to the defendant, and the age, character, character, family environment, and family environment of the defendant.

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