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(영문) 울산지방법원 2014.08.21 2014고단1410
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 February 19, 2014, the Defendant issued a summary order of a fine of seven million won to the Ulsan District Court for a violation of the Road Traffic Act (driving). On August 18, 2008, a summary order of a fine of two million won for the same crime in the same court on August 18, 2008, and a summary order of one million won for the same crime in the same court on February 4, 2008, respectively.

【Criminal Facts】

On March 25, 2014, at around 22:50, the Defendant driven a B car without a driver's license, while under the influence of alcohol 0.284% of alcohol alcohol concentration, from the front of a mutually influorous restaurant near the Namsan-gu Busan Metropolitan City to the front of the Ulsan Cultural Center located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Requests for blood appraisal and requests for appraisal;

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order issued on the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. Even though the defendant had six previous convictions of the same kind of crime, the possibility of criticism is high in the course of committing the instant crime, and the liability for the crime is not less exceptionally due to the high drinking level.

Provided, That the punishment shall be determined as per the disposition in consideration of the overall circumstances shown in the record and the fact that the error is recognized and reflected.

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