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(영문) 울산지방법원 2015.11.23 2015고단2368
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 29, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court to a fine for a violation of the Road Traffic Act, the summary order of KRW 1.5 million by the same court on February 12, 2008, the summary order of KRW 4 million by a fine for a violation of the Road Traffic Act (driving) and the summary order of KRW 5 million by the same court on August 22, 2013, respectively.

On August 26, 2015, at around 21:46, the Defendant driven B Mt Motor Vehicle while under the influence of alcohol by 0.163% without obtaining a driver’s license from the front of the chip ginseng distance in Ulsan-dong, Ulsan-gu, U.S. to the front of the Ntsan-dong located in the same Gu-dong from around 800 meters away from the chip Hospital in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses, chassiss, and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (reports attached to the previous and summary order);

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 alternative imprisonment with prison labor (involving repeated crimes of the same kind, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there exists no record of punishment of suspension of qualifications or more severe punishment for the same crime, and family relationship, etc. of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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