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(영문) 울산지방법원 2018.07.26 2018고단1375
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 April 1, 2010, the Defendant received a summary order of KRW 2 million from a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving) in the Busan District Court's Dong branch branch, and on November 21, 201, the Defendant received a summary order of KRW 2.5 million from a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving) in the Busan District Court's Dong

On April 24, 2018, the Defendant driven a CF rocketing vehicle without the driver’s license, while under the influence of alcohol content of approximately 0.178% in blood, from the front of the New Village in Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front of the office, if it is in the birth of the West-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant driven a vehicle under the influence of alcohol content of about 1km at a 0.178%.

As a result, the Defendant had been punished twice or more as a crime of violating the Road Traffic Act, but was under the influence of alcohol, the Defendant driven the said vehicle without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of summary order-related 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 the facts constituting an offense (the choice of each disciplinary type)

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although there are two occasions the records of punishment for the sentencing of Article 62-2 of the Criminal Act, such as the provision of community service and the provision of an order to attend a lecture, the crime of this case is committed again, while the records of punishment for the driving of the defendant's drinking, etc., are unrecogn

The sentence like the order shall be determined by taking into account the following facts: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., and the execution of the sentence shall be suspended, and community service and order to attend the lecture shall be issued.

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