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(영문) 울산지방법원 2016.07.21 2016고단1366
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

[criminal history] On April 24, 2008, the Defendant issued a summary order of KRW 1,50,000 for a fine for a violation of road traffic laws at the Ulsan District Court on May 13, 201, a fine of KRW 3 million for a violation of road traffic laws at the Ulsan District Court on May 13, 201, and on April 7, 201, the Defendant filed a summary order with the Busan District Court on April 7, 201 as a crime of violation of road traffic laws (driving of alcohol) and continues to be tried.

[2] On May 12, 2016, the Defendant 1 driven D Ethmp car under the influence of alcohol content of 0.109% without a driver’s license, even though he had been subject to punishment twice or more due to driving of alcohol as above, on the front side of the Seosan Park in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, Ulsan-do, U.S., Ulsan-do, for about 10 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of records of drinking driving);

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. Article 40 (Selection of Punishment of Imprisonment);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture is two times, and in particular, under the circumstances where a summary order is requested due to the crime of drinking driving on March 24, 2016, the defendant cannot take into account strict punishment in that he/she repeats drinking since two months have not passed since he/she was subject to the previous judgment of suspension of execution or higher; however, he/she shows an attitude to reflect the crime; the distance of driving is short; and the driving process is short.

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