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(영문) 울산지방법원 2014.06.12 2014고단589

도로교통법위반(음주운전)등

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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 December 1, 2004, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, a fine of KRW 1.5 million as a same crime in the same court on March 27, 2013, and a fine of KRW 2 million as a fine in the same court on May 13, 2013.

On March 5, 2014, the Defendant, while under the influence of alcohol 0.102% of the blood alcohol farming 0.102%, driven B rocketing car from the front day of GSmatet located in the Northern-dong in Yangsan-si without a driver’s license to the front road of the improvement of the zone.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Before judgment: References to criminal records and investigation reports (report attached to a summary order) and the application of statutes;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

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. Article 62-2(1) of the Criminal Act provides three-time sentencing grounds for sentencing under Article 62-2(1) and Article 62-2(1) of the Order to Attend a lecture, and Article 62-2(2) provides that a person who continues to drive a motor vehicle even though his/her license was revoked due to drinking driving in 2012, with no previous conviction, other than imprisonment, is not subject to a fine, and the risk of recommitting a crime is recognized, taking into account the fact that the sentence