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(영문) 울산지방법원 2014.06.26 2014고단704

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

[criminal power] On August 25, 2008, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on December 14, 2009, a summary order of 2 million won of a fine by a violation of the Road Traffic Act (driving) at the Changwon District Court on December 14, 2009, and on August 30, 2010, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act (driving) at the Ulsan District Court on August 30, 201, and issued a summary order of 1.5 million won of a fine at the Ulsan District Court on October 28, 201.

【Criminal Facts】

On February 24, 2014, without obtaining a driver's license at around 22:15, the Defendant driven a car of approximately 500 meters in front of the same Ri sand due to the mutual influence in the middle of the upper west of the west at the time of mass production, while under the influence of 0.108 percent of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The register of driver's licenses, and a registration statement on the vehicle;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former, previous summary order and attachment of a copy of judgment);

1. Relevant provisions of Article 148-2 (1) 1, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and lecture attendance order, is five times the same criminal records, but the possibility of criticism is high in the course of committing the instant crime, and the responsibility for such offense is not somewhat minor.

However, the punishment shall be determined as ordered by taking into account the fact that it is erroneous and inconsistent, and that the odometer is not long, and all the circumstances shown in the record.