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(영문) 울산지방법원 2013.10.17 2013고단2366

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 April 26, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Ulsan District Court. On April 10, 2013, the Defendant was prosecuted for a violation of the Road Traffic Act (driving) at the Ulsan District Court, and was issued a summary order of KRW 5 million on August 22, 2013.

【Criminal Facts】

On June 1, 2013, at around 00:42, the Defendant driven a motor vehicle B New R&D with a blood alcohol concentration of 0.142% under the influence of alcohol without a driver’s license in front of the vehicle on the road of the Postal Organization located in Ulsan-gu, Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Previouss: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal records, pre-dispositions, and reporting results;

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)