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(영문) 울산지방법원 2017.07.06 2017고단1460
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

The Defendant was issued a summary order of KRW 1 million on July 13, 2012, and a fine of KRW 3.5 million on December 26, 2014, as a crime of violating the Road Traffic Act in Busan District Court’s Dong Branch Branch Support.

On May 6, 2017, the Defendant driven a B-ri vehicle with alcohol content of 0.131% in alcohol without a driver’s license from the parking lot 201 to the front road of the Dong-dong Middle School located in Ulsan-dong, Nam-gu, Seoul Metropolitan City, Ulsan-si, to around 200 meters from the same parking lot to the Dong-ri Middle School located in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of drinking, a report on the situation of the driver of drinking, the ledger of the driver's license, and making an inquiry into the vehicle;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;

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