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울산지방법원 2013.07.15 2013고단1973

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 September 29, 2011, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 29, 201, and a summary order of KRW 5 million as a fine in the same court on March 29, 201.

On May 6, 2013, at around 21:20, the Defendant driven Bone Star vehicle under the influence of alcohol content of about 0.10% without obtaining a driver’s license at a section of about 500 meters from the vicinity to the front road of the Song Fash Center located in the same Ri, Ulsan-gun, Ulsan-gun, U.S.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

1. Making a report on the control of drinking driving;

1. A report on the actual state of survey;

1. Registers of driver's licenses;

1. Disqualifications of the main office;

1. Application of Acts and subordinate statutes, such as criminal records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (such as the fact that the defendant reflects his depth in this court and does not drive again);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;