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(영문) 울산지방법원 2014.07.03 2014고단1312

도로교통법위반(음주운전)등

Text

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

The Defendant, at the Ulsan District Court on May 18, 2007, has a record of being sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and at the same court on July 22, 2013, a fine of KRW 4 million for a crime of violation of the Road Traffic Act.

On May 11, 2014, at around 20:31, the Defendant driven a B mountain-free car with a blood alcohol concentration of at least 0.118% under the influence of alcohol without obtaining a driver’s license at a section of about 100 meters from the factory side of Ulsan-gu, Ulsan-do, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S.-gun, U.S.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (attached to judgment, etc.);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal record other than fines imposed on two occasions of sound driving, and the fact that any accident has not occurred frequently);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;