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(영문) 울산지방법원 2013.10.24 2013고단2616
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

On June 6, 2013, at around 15:17, the Defendant driven a B knife vehicle from the roads in front of the Hyundai Black Clock in Ulsan-gu, Ulsan-gu to the front road in the same Dong, under the influence of alcohol of 0.394% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the situation of a police driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 lecture attendance order under Article 62-2(1) of the Criminal Act refers to a crime committed by driving in the city during the time of sentencing up to the volume of death in the P.M. so, choice of imprisonment shall be made. The execution of sentence shall be suspended in consideration of the fact that there is no past record of criminal punishment except for one fine due to the violation of Automobile Management Act, family relation and health conditions of the defendant, circumstances leading to the instant crime, etc., and the risk of recidivism is recognized. Thus, the probation and the lecture attendance order for a certain period of time is added to the order of compliance driving.

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