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(영문) 울산지방법원 2014.04.17 2013고단4036

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for 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

Punishment of the crime

On December 4, 2013, at around 22:10, the Defendant driven a B liquid sports vehicle without a car driver’s license in the state of alcohol alcohol concentration of about 0.11% at a section of approximately 500 meters from the front of the Han Bank, which is located in the Southern East-dong in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the enemy;

1. Inquiries about the results of the drinking control;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to a report on the state of his/her oral statement to a host driver;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was sentenced two times to a fine due to drinking driving in 2009 and 2010. On June 201, 2013, even though he had the record of being sentenced to a fine of three million won due to drinking driving, he/she again carried out drinking driving.

It is reasonable to impose community service and law-abiding lecture for a certain period in consideration of the defendant's military force, etc., so the punishment is determined as per Disposition.