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(영문) 울산지방법원 2014.07.18 2014고단1402

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

On April 11, 2014, at around 00:10, the Defendant driven CK7 car under the influence of alcohol content of about 0.171% without a vehicle driver’s license, from around approximately 150 meters away from the front of the Hunterion Do to about 7-4, 150 meters of the same Libyado.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the fact that there is no criminal history for the punishment of a person who has been sentenced to suspension of execution, or that there is no driving force);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;