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(영문) 울산지방법원 2017.02.02 2017고단88

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 April 1, 2009, the Defendant was issued, respectively, a summary order of KRW 5 million at the Ulsan District Court, which was issued on December 28, 201, to a fine of KRW 2 million for a violation of the Road Traffic Act, in the same court on December 28, 2010, and a fine of KRW 5 million for the same crime, in the same court on December 21, 2016.

On December 31, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a BS T-T-T-T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection, a notification of the results of crackdown on drinking driving, a statement of the situation of the driver in charge, and an inquiry of the results of crackdown;

1. A driver's license ledger and a written inquiry about a licensing decision;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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 (Options of imprisonment);

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 that the defendant has no same record of serving

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;