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(영문) 울산지방법원 2013.06.28 2013고단1767
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2011, the Defendant was issued a summary order of a fine of four million won by a violation of the Road Traffic Act, etc. at the Ulsan District Court on January 12, 201, and on January 13, 2011, the Defendant was sentenced to a suspended sentence of two or more times for drinking driving by a violation of the Road Traffic Act, etc. at the Ulsan District Court on January 13, 201.

On March 7, 2013, at around 23:35, the Defendant driven a distance of approximately 100 meters from the front day of a restaurant in the south-gu Busan-gu, Busan-do to the front day of the mountain range in the same Dong, while under the influence of alcohol of 0.13% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a summary order of the same case);

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 proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

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