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(영문) 울산지방법원 2016.06.29 2016고단1358
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2008, the Defendant was sentenced to a suspended sentence of three years for a crime of violating road traffic laws at the Ulsan District Court on August 3, 2008. On March 14, 2016, the Defendant was sentenced to a summary order of three million won for a crime of violating road traffic laws in the Daegu District Court Port Division.

On April 21, 2016, the Defendant driven DSS5 automobiles without obtaining a driver’s license in the state of alcohol concentration of about 0.078% in blood alcohol level from around the front of the Dong-dong office located in Ulsan-gu, Ulsan-do, Ulsan-gun, Ulsan-do to the entrance distance of the mountain station located in the Ulsan-do, Ulsan-gun, Ulsan-do.

Therefore, even though the Defendant had a drinking driving force not less than twice, he again driven the said vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver's license in the main place, and the driver's license register of the motor vehicle;

1. Previous convictions: Inquiry about criminal history, reporting on the results of previous convictions and reporting on the results thereof, and applying Acts and subordinate statutes of the investigation report (timely 16);

1. Article 148-2 (1) 1, Article 44 (1), 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution, in full view of the fact that the crime of this case was committed several times, including the suspended sentence, but not less than the punishment for the crime of this case, but the punishment for the crime of this case, including the fact that the drinking value is 0.078%);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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