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(영문) 울산지방법원 2014.04.04 2013고단4068
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 May 18, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court. On the 31st of the same month, the Defendant was sentenced to a fine of three million won for the same crime by the same court. On January 9, 2008, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act by the same court.

On November 22, 2013, at around 21:47, the Defendant driven a CIT 100c motor bicycle under the influence of alcohol concentration of approximately 300 meters from the front of the tin charcoal CIT in U.S. defense Dong-dong, to the front of the defensive dust in the same Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports and investigation reports (attached reports, such as summary orders), including criminal records, etc.;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment for the same kind of crime, the fact that a traffic accident or other crime is a simple drinking driving case not accompanied by another crime

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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