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(영문) 울산지방법원 2014.08.29 2014고단1736
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 July 3, 2006, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Ulsan District Court on March 7, 2008, a fine of KRW 3 million for a violation of the Road Traffic Act at the Busan District Court on March 7, 2008, and a fine of KRW 3 million for a violation of the Road Traffic Act at the Ulsan District Court on November 8, 2013. On April 16, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Ulsan District Court on November 8, 2013, and the summary order was requested by the Ulsan District Court on April 16, 2014.

On May 28, 2014, at around 21:20, the Defendant driven a B-low-income vehicle under the influence of alcohol with a maximum of 30 meters alcohol concentration of 0.05% without a vehicle driver’s license from a section of about 30 meters from the front day of the Syang-gun, Ulsan-si, Ulsan-do to the front day of the Taedong Park in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as disqualified inquiries and criminal records of the main office;

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 there are many persons who have served the same kind of punishment, but there are no penalty records exceeding the fine, and that there is a strong pening of errors and not driving them);

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

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