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(영문) 울산지방법원 2016.03.24 2016고단165
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2003, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and on October 21, 2010, issued a summary order of KRW 700,000 as a fine for the same crime in the same court, and on December 18, 2014, issued a summary order of KRW 5 million as a fine at the Busan District Court.

On December 17, 2015, at around 21:35, the Defendant driven Bone Star Co., Ltd under the influence of alcohol level of 0.104% while under the influence of alcohol level of 0.104%, without obtaining a driver’s license, from the Do in front of the electronic Ireland shop in Yangsan-si, to the front road of the new flag apartment located in Yangsan-si, Yangsan-si.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol more than twice, but once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

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. Article 40 of the Criminal Act of the Commercial Competition (Optional to imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act (the details of the crime and the fact that the defendant is against himself/herself);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Aggravated consideration of the above circumstances);

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

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