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(영문) 울산지방법원 2016.07.19 2016고단1413
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 December 27, 2010, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court on December 27, 201, and a suspended sentence of two years for the same crime at the same court on September 27, 2013.

On March 22, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, driven an Esch Rexton car at approximately 15 meters from the front of a mutually influorous restaurant located in Ulsan-dong, Ulsan-gu, U.S., under the influence of alcohol by 0.081% without a driver’s license, to the front day of the “fluoring beauty hotel” located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Making teas;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the degree of drinking of the crime committed in this case and the support of a three-child who has ever committed such crime);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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