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(영문) 울산지방법원 2016.06.14 2016고단1246

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant received a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) from the Ulsan District Court on April 24, 2013, and on January 18, 2014, the same court received a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) and a fine of six million won.

On April 19, 2016, the Defendant driven B automobiles from around 100 meters in the section of approximately 100 meters in front of the amb and ambag in the same Dong with alcohol content of 0.061% under the influence of alcohol in the blood, without obtaining a driver's license, from around 0.061.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violations of traffic laws on roads;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Making teas;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);

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 suspended execution (see, e.g., Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;