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(영문) 울산지방법원 2014.02.20 2013고단3864
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 3, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on January 3, 2007, from the Busan East Branch Support on July 24, 2009 to the violation of the Road Traffic Act (driving) on July 24, 2009, and from the Busan East Branch Support on February 16, 201, to a fine of two hundred five million won for a violation of the Road Traffic Act (driving) on February 16, 2011.

Although the Defendant had the power of driving a motor vehicle, etc. two or more times under the influence of alcohol, the Defendant driven a liquid c motor vehicle at a distance of about 300 meters to the front road of the pulse village in front of the Yongsan-dong, Busan Metropolitan City under the influence of alcohol by 0.140% at around September 10, 2013, while under the influence of alcohol, at around 0.50% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal;

1. A report on detection 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 order to attend a lecture under Article 62-2(1) of the Criminal Act is highly likely to repeat a crime in light of the circumstances leading up to the crime and criminal records, etc., taking into account the following: (a) the fact that both of the same kind of records are punished by a fine, and that the driver’s vehicle is likely to return the same kind of record to his/her relative who is the owner and not to repeat a crime; and (b) the probation and order to attend a lecture is issued to the probation and compliance driving lecture

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