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(영문) 울산지방법원 2014.01.09 2013고단3550
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 July 6, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on July 6, 2009, and a fine of KRW 5 million for the same crime at the same court on January 27, 201.

【Criminal Facts】

Although the Defendant had been punished twice as a crime of violation of the Road Traffic Act (driving) as above, on October 13, 2013, the Defendant driven a B rocketing car with a blood alcohol concentration of about 0.162% at a section of about 1.5km from the 17:59, Ulsan-gun, Ulsan-gun, Ulsan-do, to the same epoching intersection.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previouss: Application of Acts and subordinate statutes to inquiries, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order and lecture order under Article 62-2 of the Criminal Act (it is reasonable to impose a certain period of community service in order for a defendant to return to a sound member of society in view of the same kind of military force

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