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(영문) 울산지방법원 2015.02.05 2014고단3925
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 April 5, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving under the influence of the Defendant) at the Ulsan District Court, which was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving under the influence of the Defendant) at the Ulsan District Court on August 12, 2010, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving under the influence of the Defendant) at the Ulsan District Court on November 11, 2010.

【Criminal Facts】

On October 26, 2014, at around 21:52, the Defendant driven a new EFststet car under the influence of alcohol content 0.132% at a section of approximately 2km from the 2km to the entrance of a water village located in the same Ri on the road located in the Triju-gun, Ulsan-do. The Defendant driven a new EFstet car under the influence of alcohol content 0.132%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (Attachment of the same criminal records and 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. Even though the probation and community service order have many same records as the sentencing of Article 62-2 of the Criminal Act, the defendant should be punished strictly considering that he/she repeats drinking again.

However, the sentencing conditions in the records, such as the fact that there is no record of crime other than fines, and the defendant's age, character and conduct, family environment, etc. shall be determined as per the disposition.

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