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(영문) 울산지방법원 2015.06.05 2015고단566
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 January 22, 2014, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 4 million on October 31, 2006. On September 29, 2006, the Defendant issued a juvenile protective disposition by committing a violation of the Road Traffic Act at the jurisdiction of the branch of the branch of the Changwon District Prosecutors' Office, and on September 29, 2006, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the jurisdiction of the branch of the branch of the Changwon District Prosecutors' Office.

On February 21, 2015, at around 22:40, the Defendant driven a B-car under the influence of alcohol content of about 0.179% without a vehicle driver’s license at a section of about 5 km from the front day of the Ulsan-gu Busan-dong to the front day of the Pyeongtaek-dong located in the same new Dong-dong.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement C and D;

1. Statement of the control of drinking driving, statement of the circumstances of drinking drivers, and statement of the control of drinking driving; and

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant repeats the same crime despite the fact that he has violated the prohibition provisions on drinking under the Road Traffic Act three times, and the current Road Traffic Act stipulates that the person who has violated the prohibition provisions on drinking under the Road Traffic Act shall be punished more strictly.

A juvenile protective disposition, one time during drinking driving, and one time during a criminal offense.

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