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(영문) 울산지방법원 2013.05.09 2013고단1667
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 31, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Busan District Court's branch court's order on August 31, 201, a summary order of KRW 6 million for the same crime at the Ulsan District Court's District Court on September 28, 201, and on November 16, 201, the Defendant was sentenced to a summary order of KRW 6 million for a fine of KRW 1 million for the same crime, and on November 24, 2012, was sentenced to a suspended sentence of imprisonment for the same crime at the Ulsan District Court on November 16, 201

On March 16, 2013, at around 07:15, the Defendant driven a CBa car under the influence of alcohol content of 0.130% without obtaining a driver’s license from the front of the mutual influenite Mag-gun, Ulsan-gun, Ulsan-si, to the front road of the gkm training site located in the same military, which is located in the same military, from the gkm Dog-gun, the Defendant driven a CBa car under the influence of alcohol content of 0.1130%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1148, Apr. 1, 201) seems to be that the Defendant would no longer drive the instant vehicle by disposing of it, and is against the depth of the sentencing.

However, considering the fact that the Defendant committed the instant crime during the suspension of execution due to the violation of the Road Traffic Act (driving) and the criminal record as seen earlier, it is inevitable to sentence the Defendant to a sentence.

When the sentence of this case becomes final and conclusive, it is possible to invalidate the above suspended sentence, and all other circumstances such as the defendant's age, family environment, background of the crime, and circumstances after the crime, etc.

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