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(영문) 울산지방법원 2014.12.11 2014고단2724
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 5, 2008, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act on May 17, 2010.

On May 12, 2014, at around 23:05, the Defendant driven B Clostler’s car under the influence of alcohol content of about 1.5 km from the front day of the mutual influence house in Ulsan-gu Multi-ro, Ulsan-gun, Ulsan-do to the front day of the aftermastal road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous conviction: Application of a reply to criminal records and statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, including the fact that the defendant was punished as a drunk driving in 2005, 2008, and 2010, and that the defendant was punished as a drunk driving in 201, despite the fact that he was punished as a refusal of drinking alcohol measurement in 201, he/she reaches the sentence of imprisonment with prison labor due to gross negligence.

However, the execution of punishment is suspended considering the fact that the error is against the wrong and the drinking water in this case is relatively minor.

Since it is recognized that the risk of recidivism is reasonable, an order to attend a law-abiding lecture is added.

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