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(영문) 울산지방법원 2013.10.10 2013고단2543
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 January 30, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Ulsan District Court on January 30, 2008, and a fine of KRW 2 million for a violation of the Road Traffic Act at the same court on June 12, 2009.

On July 3, 2013, at around 14:10, the Defendant driven a broadband car with approximately 3 km B km up to the front road of the Tri-dong Office located in Pungju-gun, Ulsan-gun, Gulan-gun, Gulan-gun, Ulsan-do, in a state of alcohol of 0.276% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the current status of a police driver;

1. Previous records of judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Probation and lecture attendance order under Article 62-2(1) of the Criminal Act shall be selected by sentence in light of the following: (a) despite the existence of the same kind of force twice the sentencing grounds, the drinking alcohol level reaches 0.276%; and (b) the driving distance is considerably high and driving distance is long.

However, the execution of a sentence shall be suspended in consideration of the fact that the person was sentenced to a fine in the same criminal record, but it is apprehended to repeat a crime, so the probation and compliance officer's order to attend the lecture shall be added and the sentence shall be determined as per the order.

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