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(영문) 울산지방법원 2014.09.04 2014고단1927
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 March 15, 2010, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act from the Ulsan District Court, and a summary order of KRW 1 million for the same crime at the same court on May 3, 2011, respectively.

【Criminal Facts】

On June 3, 2014, at around 23:35, the Defendant driven a car of 3 km-turturturd from a Do near the Southern-dong in Ulsan-gu, Southern-gu, Seoul-do to the prosperity bridge, located in the same Kusan-dong, under the influence of alcohol by 0.09% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (Attachment to a summary order of the same kind of crime);

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. Although Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend a Probation and Order is not good enough to re-driving a motor vehicle even after the same criminal record and two times for sentencing, the punishment is determined by taking into account the following factors: (a) there is no criminal record since 2011; and (b) the sentencing data indicated in the records, such as the defendant’s age, character and conduct, family environment

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