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(영문) 울산지방법원 2016.06.14 2016고단1253
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2014, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch, and on September 16, 2015, issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Ulsan District Court's Ulsan District Court's jurisdiction.

On April 29, 2016, the Defendant: (a) violated Article 44(1) of the Road Traffic Act more than twice; (b) operated a B-Scar car without the driver’s license in the state of alcohol alcohol content of approximately 1.5 km from the front side of the apartment mobilized in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front road of the Solar factory located in Ulsan-gun, Ulsan-gun, Yangyang-gun, Yangyang-gun, the Defendant driven a B-Scar car without the driver’s license, while under the influence of alcohol content of about 0.089%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger;

1. Inquiry into the partnership of the main office;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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;

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