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(영문) 울산지방법원 2017.06.15 2017고단1385
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2009, the Defendant was notified of a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court, and on June 1, 2016, the Defendant was notified of a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court.

On April 6, 2017, the Defendant driven a motor vehicle under the influence of alcohol by 0.165% without obtaining a driver’s license for a motor vehicle, and drive a motor vehicle under the influence of alcohol by driving the vehicle from approximately 5km to E in the front of the mutual French-dong located in Ulsan-gu New-dong, Ulsan-gu, Ulsan-gu, Seoul-do, from the front of the mutual French-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 21) Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the number of repetitions or drinking consumption of the same type of crime exceeds 0.165%, and traffic accidents are involved; however, there is no record of punishment heavier than that of the same type of crime until now, or that there is no record of criminal punishment heavier than that of the same crime, or that there is no record of crime committed in the record and pleading, and the attitude of reflectivity, etc.,

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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