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(영문) 울산지방법원 2014.02.20 2013고단3971
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On December 10, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Ulsan District Court on September 30, 201, a fine of KRW 5 million for the same crime in the same court on September 30, 201, and a fine of KRW 10 million for the same crime at the Busan District Court on April 3, 2013.

【Criminal Facts】

On November 15, 2013, at around 23:20, the Defendant driven a B-wing vehicle without a driver’s license in a state of alcohol alcohol concentration of approximately 0.219% in a 30-meter radius from the front of the C-U. C-U. Hodong to the front of the C-U. C-U. C-U. dong in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The driver's license ledger;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order, and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant

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