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(영문) 울산지방법원 2014.04.10 2013고단3923
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

On October 22, 2013, the Defendant driven at around 05:27, 05:27, the Defendant driven a Blue vehicle while under the influence of alcohol content of about 0.210% without a car driver’s license, in a section of about 30 meters in the vicinity of the “Korea-Japan-dong” road of the said “Korea-Japan-dong” vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the control of drinking driving and the report on the situation of drinking drivers;

1. Application of the driver's license ledger and the Acts and subordinate statutes of the next red inquiry;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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. On May 3, 2005, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Ulsan District Court on May 3, 2005. On September 25, 2013, the defendant again driven a drinking line to the Ulsan District Court on September 25, 2013, despite the fact that he/she was prosecuted for a violation of the Road Traffic Act.

Although the odometer is short, it is reasonable to impose social service and compliance driving lectures for a certain period of time in consideration of the fact that drinking water is extremely high, and the military force of the defendant. Therefore, the punishment as ordered shall be determined.

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