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(영문) 울산지방법원 2015.05.21 2015고단349
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 14, 2008, the Defendant was notified of a summary order of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act. On August 8, 2013, the Defendant was notified of a summary order of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act.

On January 27, 2015, at around 23:10, the Defendant driven Bone Star Motor Vehicle under the influence of alcohol with approximately 200 meters alcohol concentration 0.114% without obtaining a driver’s license from the front of the community credit cooperative in Ulsan-gu, Seoul-gu, to the front of the Seodaemun Real Estate in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of driving on a motor vehicle and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (attached to the same criminal records and summary orders) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The execution of imprisonment with prison labor shall be suspended on condition that probation and compliance driving lectures shall be taken into consideration at once in consideration of the favorable circumstances, such as the following: (a) even though the person was punished for a fine on four occasions due to the reason of sentencing under Article 62-2 of the Criminal Act; (b) the fact that the person committed the instant crime again in addition to the fine; (c) the person has no previous conviction or heavier than the suspended sentence; and (d)

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