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(영문) 울산지방법원 2016.05.16 2015고단437
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2014, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act by the Ulsan District Court, and on May 6, 2015, the Defendant received a summary order of KRW 6 million for the same crime at the same court.

On January 22, 2015, at around 00:01, the Defendant driven CM518 vehicle while under the influence of alcohol content of 0.141% while under the influence of alcohol without obtaining a driver's license, from the front side of the Samcheon apartment located in the Northern East-si, Yangsan-si to the front side of the Plusium located in the same Dong to about 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report on the driver's license and the driver's license register;

1. Previous convictions: Inquiries about criminal history, reporting of the previous convictions and reporting of the results thereof, and applying Acts and subordinate statutes to summary orders (the end of 16,19);

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (the fact that there is no record of punishment heavier than that imposed for the same type of crime, and other extenuating circumstances, such as the details of the crime and the degree of reflectivity, etc. as shown in the records and pleadings);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

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

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