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(영문) 울산지방법원 2014.10.16 2014고단2458
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 29, 2007, the Defendant was issued a summary order of KRW 150,000 by the Busan District Court for a fine of KRW 1.5 million and a fine of KRW 700,000 for a violation of the Road Traffic Act at the Changwon District Court on December 24, 2007.

【Criminal Facts】

On July 3, 2014, at around 00:55, the Defendant driven the B-learning car owned by the Defendant at a distance equivalent to approximately two meters from around 0.117% of the blood alcohol concentration on the front line of the “nick-gu, Ulsan-gu, U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, report on the circumstances of a host driver, and notification of the completion of correction;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached reporting to summary orders);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 community service order Article 62-2 of the Criminal Act, even though it is not good that a person has driven under drinking again even after the same criminal conviction and two times for sentencing, it reflects errors, and has no criminal records since 2007, and other sentencing data on the records, including the defendant's age, character and conduct, family environment, shall be determined by taking into account the risk of recidivism.

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