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(영문) 울산지방법원 2015.01.28 2014고단3192
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 7, 2010, the Defendant was issued a summary order of KRW 3.5 million with a fine of KRW 3.5 million due to a violation of the Road Traffic Act, etc. at the Ulsan District Court, and on August 16, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 3.5 million with a penalty of violation of the Road Traffic Act at the Ulsan District Court.

On September 30, 2014, at around 00:26, the Defendant driven a distance of about 50 meters from the main edge of “raw click”, located in the G K3-dong, Ulsan-gu, Ulsan-gu, the main edge of “raw click,” to the studio in the same Dong, while under the influence of alcohol of 0.161% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the actual status of a host driver;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty of 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 the fact that there is no record of punishment other than the fine on two occasions in the form of a fine on the market, and that there is a penance of mistake);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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