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(영문) 울산지방법원 2014.01.09 2013고단3455

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

【Criminal Power】 On February 10, 2010, the Defendant issued a summary order of KRW 4 million for the violation of the Road Traffic Act at the Busan District Court’s branch branch on the same day. In addition, the same criminal records are more than four times.

【Criminal Facts of Crimes】 On April 24, 2012, the Defendant, without obtaining a driver’s license on April 24, 2012, driven a 150-meter distance of 150 meters for the front side of the agricultural cooperative located in Seogsan-gun, Ulsan-gun, Ulsan-gun, under the influence of alcohol level of 0.219%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previouss: Application of Acts and subordinate statutes to inquiries, such as criminal records;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant)