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(영문) 울산지방법원 2014.10.16 2014고단1136

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2002, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, on March 15, 2010, a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on November 8, 2010, a summary order of KRW 2 million was notified from the Ulsan District Court to a fine for a violation of the Road Traffic Act. On August 24, 2012, the Defendant was sentenced to a suspended sentence of six months.

On April 23, 2014, the Defendant, without obtaining a driver’s license at around 02:00, driving a vehicle with a blood alcohol concentration of approximately 0.127%, driven a distance of about 5 km from the original ginseng distance in the port of Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, to the safety zone at the front bank located in the same east-gu, Ulsan-gun, Ulsan-gun, the Defendant driven a vehicle at approximately 00km.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records and the application of statutes governing the list of related cases;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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. Article 62 (1) of the Criminal Act;

1. The Defendant’s reason for sentencing of Article 62-2(1) of the Criminal Act on orders to provide community service and attend lectures is that the Defendant had been punished twice due to drunk driving, and that he/she also drives under the influence of alcohol during the period of suspension of execution, and that the drinking level is not significant, so a sentence of imprisonment shall be selected.

However, the vehicle is disposed of while reflecting the error in depth and not driving under the influence of alcohol, and the family of the defendant.