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(영문) 울산지방법원 2015.06.11 2015고단800
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 28, 2010, the Defendant issued a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 28, 2010, and on June 25, 2014, the Defendant was charged with summary charges of KRW 2,50,000 with the same offense in the same court on September 3, 2014, and the summary order was issued on September 3, 2014.

On July 11, 2014, the Defendant, without a driver’s license, driven B vehicles under the influence of alcohol with approximately 0.061% of alcohol alcohol concentration at a distance of about 100 meters from the front of the office of the head of the Dong-dong, the Dong-dong, Ulsan-gu, Ulsan-do, to the front of the same Dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Details on the proper inquiry, driver's license inquiry, and revocation of driver's license;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of 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. Although considering the fact that probation and community service order had three times the past records of fines of the same kind for the reasons of sentencing under Article 62-2 of the Criminal Act, and once again repeated driving of drinking without license, Defendant should be punished strictly, it is against the fact that the defendant is recognized of mistake, and other factors of sentencing as shown in the records, such as the Defendant’s age, character and conduct, family environment, etc., are considered,

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