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(영문) 울산지방법원 2016.06.30 2016고단958

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2007, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 4 million at the Ulsan District Court on July 8, 2015 for the same crime, respectively.

On March 29, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, driven a vehicle with approximately KRW 8 km in the vicinity of the land bridge in Ulsan-gun, Chungcheongnam-gun, Ulsan-do, U.S., under the influence of alcohol by 0.213% without a vehicle driver’s license, and driven a vehicle with approximately 8 km from the vicinity of the land bridge in Ulsan-gun, U.S., U.S., Ulsan-do to the vicinity of the Specialized Driving Institute for Motor Vehicles in the Nam-gu, Nam-gu, Chungcheongnamnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case;

1. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, and statement of the situation of the driver of drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;