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(영문) 울산지방법원 2014.02.20 2013고단3863
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

[criminal power] On July 24, 2013, the Defendant filed a petition with the Ulsan District Court for a summary order as a crime of violation of the Road Traffic Act, etc., and is currently pending trial. On August 22, 2013, the Defendant has a record of being sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on August 22, 2013, and a person who has received a summary order of KRW 700,000 from the Ulsan District Court on September 1, 2009 for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 28, 2013, at around 21:50, the Defendant driven a B Twork XG car under the influence of alcohol concentration of about 2 kilometers at approximately 0.096% without a vehicle driver's license, from the 63-day rental land located in the Seodaemun-gu, Ulsan-gun, Ulsan-gu, Ulsan-do, Ulsan-do, to the street room located in the same tri-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers, etc. of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order, and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant

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