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(영문) 울산지방법원 2017.08.31 2017고단2758
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic law at the Ulsan District Court, and the said judgment became final and conclusive on the 13th of the same month.

On June 23, 2017, the Defendant driven a motor bicycle with alcohol content of about 50 meters from the front side of the monthly service drinking water station located in Ulsan-dong, Ulsan-gu, Ulsan-gu, 60, to the monthly service road before the place, without obtaining a motor device license with alcohol content of 0.293% from around 50 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions as indicated in its ruling: Inquiry about criminal history, investigation report (19) and application of statutes on the results of the Konet case;

1. Article 148-2 (2) 1, Article 44 (1), 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 37 of the same Act shall not be less than the liability for the relevant crime in light of high drinking volume, repetition of the relevant crime, but shall be taken into account various circumstances shown in the records and pleadings

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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