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(영문) 울산지방법원 2014.10.23 2014고단2713
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2014, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 9, 201, and on February 4, 2008, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on February 4, 2008 and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving).

On July 6, 2014, at around 23:00, the Defendant driven a Dap Motor Vehicle B while under the influence of alcohol level of about 0.109% without obtaining a driver's license in a section of about 100 meters from the front to the front road of the Dong-gu Middle School.

Summary of Evidence

1. Defendant's legal statement;

1. One inquiry into the result of crackdown on drinking driving, and the driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached to the previous records and summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. 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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant had been punished for drunk driving 4 times, and that the Defendant did not drive under the influence of alcohol in the state of a license without a license even though he had twice the previous records of punishment for driving without a license, and the responsibility for the crime is not

However, considering the fact that the defendant recognized a crime and the occurrence of an accident does not occur, and that there is no record of punishment as punishment, the punishment shall be determined and sentenced as ordered in consideration of all the circumstances such as the volume of alcohol concentration and the age of the defendant.

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