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(영문) 울산지방법원 2013.10.10 2013고단2939
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 October 7, 2012, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Ulsan District Court on July 7, 201, a person who was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) and a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and a person who was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) more than twice.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act as above, the Defendant driven a B-hand car without obtaining a driver’s license at a level of about 500 meters alcohol level from the Jung-Jak farm located in the Northbuk-gu, Ulsan-do to the front road in the same Dong from the Jak-gu, Ulsan-do, Ulsan-do to the end of the Domcheon-do center.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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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