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(영문) 울산지방법원 2016.06.28 2016고단1554

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 October 16, 2008, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act, and a summary order of KRW 5,00,000 as a fine in the same court on June 17, 2015, respectively.

On May 23, 2016, the Defendant, at around 06:00, driven a vehicle under the influence of alcohol on two or more occasions while under the influence of Article 44(1) of the Road Traffic Act, driving a B-line car with approximately 10km alcohol concentration of 0.059%, without a driver’s license, from the front side of the “Natural Gluri Port Co., Ltd.” located in the 75-ro, Seogsan-si, Ulsan Metropolitan City, Ulsan Metropolitan City, to thewest-do, Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking, inquiry of the results of crackdown on drinking driving, and statement of the circumstances of driving under drinking;

1. The driver's license ledger;

1. Making teas;

1. A written inquiry about criminal history;

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;

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;

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