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(영문) 울산지방법원 2015.02.12 2014고단4031
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

[criminal power] On December 12, 2003, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, a summary order of KRW 1,500,000,000 from the same court on September 15, 2009 to a fine of KRW 1,50,000 for the same crime, and a summary order of KRW 4 million from the same court on September 9, 201 to a fine for a violation of the Road Traffic Act, respectively.

【Criminal Facts】

On October 29, 2014, at around 06:45, the Defendant driven a B k7 car at a section of about 200 meters from the Do near the continental oil station located in Ulsan-gu New-dong, Ulsan-gu, to the roads located in the same Dong from the Do near the continental oil station located in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper proposal of a host driver, copy of the notice of completion of correction, and report on the status of a host driver, status of a host driver;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of the same kind of crime committed against A), and application of Acts and subordinate statutes of each summary order;

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 many people of the same kind of experience in sentencing and repeating drinking again, Defendant should be punished strictly. However, it is erroneous and contradictory, and there is no record of crime other than the fine, and the sentencing conditions indicated in the records, such as Defendant’s age, character and behavior and environment, shall be determined by taking into account all of the factors indicated in the records.

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