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(영문) 울산지방법원 2013.05.02 2013고단314

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2012, at around 23:35, the Defendant driven a Bppon vehicle under the influence of alcohol concentration of 0.051%, without a driver’s license, at a section of approximately 1km, from the boundary of the Ulsan-gu Sog Campus to the roads adjacent to the same Dong and located in the same dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the driving license ledger;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, May 1, 201);

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant, at the Ulsan District Court on June 20, 2007, has been sentenced to a fine of 1.5 million won, due to a violation of the Road Traffic Act at the Ulsan District Court on September 26, 2008, a fine of 2 million won due to a violation of the Road Traffic Act at the Ulsan District Court on September 26, 2008, and on June 7, 2012, he/she committed the instant crime even though he/she had been sentenced to a fine of 5 million won due to a violation of the Road Traffic Act at the Ulsan District Court on June 7, 2012. The execution of the instant sentence shall be suspended only once, taking into account the degree of blood alcohol concentration in the instant case, and the fact that the defendant is against the Defendant.

It is so decided as per Disposition for the above reasons.