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(영문) 울산지방법원 2016.11.17 2016고단3642
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 June 5, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court, and a fine of KRW 7 million for the same crime on November 28, 2014.

On September 17, 2016, at around 03:30, the Defendant driven a B-p motor vehicle at a section of about 2 km from the Do in front of the main point in the trade name in the Suwon-gu, Busan, to the modern home line located in the south-gu, Busan, without obtaining a driving license in the state of alcohol level of 0.059% of alcohol level.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice and has driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the regulation of drinking driving, report on the situation of drinking driving and notification of the completion of correction;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. The credit bureau and the mandatory insurance association;

1. Each report on investigation;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the defendant has no same record of serving a punishment heavier than imprisonment without prison labor);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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