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(영문) 울산지방법원 2014.08.22 2014고단1313
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 May 31, 2007, the Defendant was sentenced to a fine of KRW 700,00 to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) at the Ulsan District Court on November 12, 2007, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court on November 28, 2008, a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the same court on November 28, 2008, and a fine of KRW 1 million on June 12, 2009 by the same court on June 12, 2009.

On April 30, 2014, around 02:57, the Defendant driven B rocketing car under the influence of alcohol content of at least 0.141% without obtaining a driver’s license in the section of about 2 km from the vicinity of the water bridge in Ulsan-dong, Ulsan-do to the road of the same road of the same road of the same Gu to the road of the same road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that it is a case of simple drinking without a license which is not accompanied by a traffic accident, and that it does not drive a motor vehicle, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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