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(영문) 울산지방법원 2014.04.03 2013고단3333

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2011, the Defendant was sentenced to KRW 2.5 million for the crime of violation of the Road Traffic Act at the Ulsan District Court on September 28, 201, and was sentenced to KRW 4 million for the crime of violation of the Road Traffic Act at the Daejeon District Court on August 9, 2013.

At around 06:10 on September 18, 2013, the Defendant driven a vehicle of about 1.5 km with CAW on the front side of “Magri-do,” located in Ulsan-gu, Nam-gu, Seoul-gu, under the influence of alcohol by 0.164% without a driver’s license, on the road in front of “Magri-do,” located in the same 569-11.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The circumstantial report of the police officer;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Before judgment: References to criminal records and investigation reports (a copy of a summary order) shall be applied by statutes;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act provides two-time sentencing grounds for sentencing under Article 62-2(1) and Article 62-2(1) of the Order to Attend a law-abiding driving lecture added to an order to attend a law-abiding driving lecture on August 2013, on the ground that the risk of re-offending is recognized by taking into account the following: (a) even though the person was sentenced to a fine due to a violation of the Road Traffic Act (driving) and was sentenced to a fine for a violation of the Road Traffic Act in the event that the person was sentenced to a fine; (b) there is no criminal record other than imprisonment