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(영문) 울산지방법원 2013.07.04 2013고단1678

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] The defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court on January 3, 2007, and a fine of KRW 3 million by the same court on February 26, 2007 as a crime of violation of the Road Traffic Act (driving) and a crime of violation of the Road Traffic Act (driving without a license).

【Criminal Facts】

On March 17, 2013, the Defendant driven Bone Star Cargo at approximately 0.180% of the blood alcohol level without a car driver’s license on the front side of the new representative located in the same Gu-dong from the Do near the Nam-gu Undong-dong in Ulsan-gu, Ulsan-do, Seoul-do, to the front side of the same Gu-dong, even though he had a history of driving two times, such as the above criminal records.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Registers of driver's licenses;

1. A written report from an employee of an employer;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2 (1) 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