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(영문) 울산지방법원 2017.08.30 2017고단1447

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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 16, 2017, around 06:05, the Defendant driven B K3 cars while under the influence of alcohol content of about 0.210% without the driver’s license from a 20-meter section from the front of a mutually influent restaurant located in the city of Busan to the front of the solar industry in the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Driving a driver's license under Article 148-2 (2) 1 of the Road Traffic Act for criminal facts: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and reflects in depth, the driving of drinking and driving without a license does not lead to an accident, and the fact that there is no criminal record of a fine or heavier;

(i) Unfavorable circumstances: The fact that alcohol content is extremely high in blood and that there is a previous conviction of the same kind and the gap between the previous conviction and the previous conviction is not long.