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(영문) 울산지방법원 2016.07.22 2016고단1641
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for up to seven months.

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

Reasons

Punishment of the crime

On March 11, 2014, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Ulsan District Court on March 11, 2014, and a fine of KRW 6 million with the same court on September 30, 2015 for a crime of violating the Road Traffic Act.

On May 5, 2016, the Defendant driven a B passenger car under the influence of alcohol content of 0.122% while under the influence of alcohol content of 0.122%, without obtaining a driver's license from approximately 500 meters to approximately 500 meters from a restaurant to the Agricultural Cooperative of the same Eup.

The defendant, who has driven a motor vehicle not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, investigation report (report on the confirmation of the criminal records of the same kind of crime as the suspect);

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crimes of violating the Road Traffic Act with heavier punishment between both crimes and heavy punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (i.e., reflective points)

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

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