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(영문) 울산지방법원 2014.02.13 2013고단3785
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Ulsan District Court on April 26, 201, and a fine of three million won as a crime of violating the Road Traffic Act (driving) at the Daegu District Court on August 25, 2010.

On October 18, 2013, at around 23:11, the Defendant driven B Poter truck at a section of about 1k meters from the Do near the winter-dong located in Ulsannam-gu, Namsan-gu to the front of the park cemetery located in Ulsan-gu, Namdong-dong, under the influence of alcohol content of 0.105% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Written request for appraisal, and a written appraisal of blood alcohol;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the option of criminal facts;

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

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

1. The risk of the postponement of the execution of a sentence is recognized, taking into account the fact that both criminal records are fines and the fact that the punishment of drinking drivers is imposed on three occasions since 2006, since the grounds for sentencing under Article 62-2(1) of the Criminal Act for probation and order to attend a lecture, and thus, the probation and order to attend a compliance driving lecture is added thereto;

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