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(영문) 울산지방법원 2014.02.14 2013고단4026
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

On March 14, 2011, the Defendant received a summary order of KRW 3 million from the Ulsan District Court as a crime of violation of the Road Traffic Act, and a fine of KRW 1.5 million from the Ulsan District Court on March 17, 2008 as a crime of violation of the Road Traffic Act.

On November 25, 2013, at around 21:00, the Defendant driven a B car under the influence of alcohol content of approximately 0.149% from a 500-meter section of alcohol alcohol content to the arrival of the road in front of the information and communications network in Ulsan-gu, Ulsan-dong to the same month.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement C and D;

1. A survey report on actual condition, a scene of accident, and a photograph of an accident vehicle;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (reports accompanied by summary orders);

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. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been punished twice due to drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving more strictly is subject to more severe punishment than twice.

It is the sentencing factor favorable to the defendant that the defendant has the criminal history above the suspended sentence, and that the defendant has no criminal history above the suspended sentence.

Other conditions of sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the order.

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