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(영문) 울산지방법원 2013.10.10 2013고단2745
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

[criminal power] On January 30, 2008, the Defendant received a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Ulsan District Court on January 30, 2008, and on March 26, 2009, the same court was sentenced to imprisonment for 4 months and 2 years of suspended execution.

【Criminal Facts】

At around 20:40 on July 27, 2013, the Defendant driven a Cknife car at the section of about 1 km from the entrance of small-scale Yanju-gun, Ulsan-gun, Ulsan-do, Clsan-gun, Plsan-gun, Plsan-gun, Plsan-gun, Plsan-gun, at the same time, while under the influence of alcohol at 0.25% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes reporting circumstances of drinking drivers;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation, community service order, and order to attend a lecture, are judged as above on the grounds of not less than a certain period of community service in order for the defendant to return to sound members of society considering the fact that the period of probation, community service order, and order to attend a lecture has not elapsed yet, and thus recidivism is committed.

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