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(영문) 울산지방법원 2013.10.17 2013고단2974

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 April 9, 2010, the Defendant issued a summary order of KRW 2.5 million at the Seoul Northern District Court for a violation of the Road Traffic Act ( sound driving). On May 3, 2013, the Defendant was charged with a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).

On July 9, 2013: (a) the Defendant driven a 100-meter distance from the Kindozz's front side of the water-Eup in Yangsan to the front side of the same so-called so-called so-called “hindoz” under the influence of alcohol by 0.192% of alcohol level without obtaining a driver’s license on July 23, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of drinking drivers and driver's license register;

1. Previouss: Application of Acts and subordinate statutes to inquiries, such as criminal records;

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

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 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant)