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(영문) 울산지방법원 2014.10.24 2014고단2530
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 26, 2007, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on February 4, 2009, to a suspended sentence of KRW 2 million for 8 months due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on February 4, 2009, and to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on October 28, 201, at the Ulsan District Court on October 28, 201.

On July 8, 2014, at around 19:20, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.203% of alcohol concentration on the section of about 20 meters from the front side of the gold and pigs swine located in the Soule-Eup, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on detection of a driver and a report on the status of the driving of a driver;

1. Previous records: The application of Acts and subordinate statutes, such as inquiries about criminal records, etc. and inquiries about criminal suspect's primary launch reports;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):

1. Suspension of execution under Article 62 (1) of the Criminal Act (including that there are many persons who have been punished for the same kind of crime, but they dispose of a vehicle and do not repeat again, there are children to be supported, and that there is a pening error);

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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