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(영문) 울산지방법원 2012.11.09 2012고합237

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 August 18, 2008, the Defendant received a summary order of a fine of KRW 3.5 million from the Ulsan District Court to a fine of KRW 3.5 million due to a violation of the Road Traffic Act, and on May 31, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for eight months for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence on August 4, 2012 by the same court, and is still under the suspended sentence.

around 05:35 on May 15, 2012, the Defendant driven a Cene car without a driver’s license with a blood alcohol level of about 0.080% while under the influence of alcohol level of about 500 meters from the road front of the Cheongvibration Sea Office in Ulsan-gu, Ulsan-do to the filial length distance in the same Gu-dong.

around 03:17 on May 31, 2012, the Defendant driven the said vehicle under the influence of alcohol by 0.065% without a driver’s license, while driving the vehicle under the influence of alcohol without a driver’s license at a section of about 5 meters.

Summary of Evidence

"2012 Gohap237"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of driver's licenses "2012, 260";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of drivers, circumstantial statement of drivers, and driver's license register;

1. Previous records: The application of Acts and subordinate statutes governing criminal records, copies of judgment, and confirmation of judgment;

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

1. On January 1, 201, Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Operation) and each other, and the punishment for the violation of the Road Traffic Act with heavier punishment).