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(영문) 울산지방법원 2014.09.26 2014고단2162
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 June 2, 2009, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on April 10, 2013, respectively.

On June 29, 2014, the Defendant: (a) around 21:36, while under the influence of alcohol with 0.087% of blood alcohol concentration, the Defendant driven Cone Starex car at approximately 200 meters around the front road of the construction site from the Do near Ulsan-gu Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Requests for appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of crime);

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 the case is a simple drinking driver who is not accompanied by a traffic accident and the fact that the mistake is divided);

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

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