logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.11.06 2014고단2714
도로교통법위반(음주운전)등
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 5, 201, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 5, 201. On June 10, 201, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 10, 201, and was sentenced to a fine of one million won on October 22, 2013.

【Criminal Facts】

On July 23, 2014, at around 04:10, the Defendant driven B rocketing car under the influence of alcohol with approximately 200 meters alcohol level 0.180%, without obtaining a driver’s license, from the section near the Soluri Park in the Soluri-gu, Ulsan-gun, Ulsan-do, to the Gluri road in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. On-site inquiry, driver's license inquiry, inquiry into the results of the control of drinking driving, and reporting on the status of driving under the influence of alcohol;

1. Criminal history records, reply reports, and dispositions not related thereto;

1. Application of Acts and subordinate statutes to investigation reports (attached to the previous and summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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, when considering the fact that the defendant has been sentenced three times to a fine due to drinking alcohol driving for the reason of sentencing and again repeating drinking driving, the execution of imprisonment should be strictly punished, but the execution of imprisonment shall be suspended in consideration of the fact that the error is against it, but the probation and the imposition of a community service for a considerable period of time shall be determined as ordered, taking into account the risk of recidivism.

arrow