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(영문) 울산지방법원 2017.01.25 2016고단4594
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On June 13, 2014, the Defendant received a summary order of KRW 3 million from the Ulsan District Court for a crime of violating the Road Traffic Act, and KRW 5 million from the same court on July 1, 2015 for a crime of violating the Road Traffic Act.

On December 15, 2016, at around 00:55, the Defendant driven a B-learning car under the influence of alcohol content of 0.110% without obtaining a driver's license, from the front of the trade infinite Domsan-dong to the front road of 200 meters in the same city, in approximately 54 meters away from the front of the trade infinite Domsan-dong to the front road of the amin apartment road located north-ro 54 in the same city.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 12) Acts and subordinate statutes;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Act on Reduction of Quantity (Article 0.10% of the repetition of a crime committed by the same type or the drinking volume of the same crime is about 0.110%); however, it is not easy to impose a punishment heavier than the suspension of execution due to the same crime, but there is no record of punishment heavier than the suspension of execution due to the same crime, details of the

1. Article 62 (1) of the Criminal Act on the suspension of execution (the defendant shall choose the suspension of execution, in consideration of repeated circumstances. The defendant shall pay attention separately to prevent from repeating a crime);

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

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