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(영문) 울산지방법원 2017.11.30 2017고단3359

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On January 8, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic laws at the Ulsan District Court, and issued a summary order of KRW 3 million for the same crime at the same court on April 27, 2016.

On September 8, 2017, around 03:08, the Defendant driven a DWz cl250 car without a driver’s license, while under the influence of approximately 0.094% alcohol level from around 1km to around 45 malk-ro, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si.

Accordingly, the Defendant, without obtaining a driver's license, driven a motor vehicle under the influence of alcohol, even though he had a drinking record at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of drivers engaged in driving, a tea inquiry, and the ledger of driver's licenses of motor vehicles;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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;

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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;