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(영문) 울산지방법원 2018.10.30 2018고단2557

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 August 25, 2018, the Defendant was under the influence of alcohol leveling 0.237% from a section of approximately 0.2 km in the middle of the Yangsan-si bus terminal located in the northwest-dong in Yangsan-si, Yangsan-si, to the roads located in the north-dong in Yangsan-si, Yangsan-si, and driven Bone Star-si, without a driver’s license, without driving a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of on-site photographs, reports on the circumstances of the driver's license, tea inquiry, and driver's license;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 1 and 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 stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;