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(영문) 울산지방법원 2017.11.23 2017고단3288
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 8, 2006, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act; on April 27, 2009, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the Changwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act; on September 21, 2009, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the Changwon District Court to a fine of KRW 2 million for a violation of the Road Act (non-licensed driving) at the Changwon District Court on April 26, 201, and was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act at the Changwon District Court on May 3, 201, and was sentenced to a suspended sentence of KRW 1.3 million for a violation of the Road Traffic Act at the Changwon District Court on January 21, 21, 201.

On July 28, 2017, around 21:55, the Defendant driven a car in the column B without obtaining a driver’s license from a section of approximately 700 meters of alcohol level from the front of the main point where it is impossible to identify the trade name located in the north-dong in Yangsan-si to the front road of the tri-si store in the same Dong, without obtaining a driver’s license in the state of alcohol level of about 0.107% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of drivers engaged in driving, a tea inquiry, and the ledger of driver's licenses of motor vehicles;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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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