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(영문) 울산지방법원 2016.09.30 2016고단2414
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2007, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of road traffic law at the Ulsan District Court on August 25, 2008, a fine of KRW 4 million as the same crime in the same court on August 25, 2008, and a fine of KRW 7 million as the same crime in the same court on April 9, 2014.

On July 9, 2016, at least two occasions, the Defendant, who was punished for drinking driving, driven a B passenger car with alcohol concentration of 0.221% while under the influence of alcohol without obtaining a driver's license from the front and the same e-mail in Gyeyang-si, Busan Metropolitan City to the long distance from the same e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Application of an inquiry letter, such as criminal history, and an investigation report (a copy of a summary order related to drinking driving) to statutes;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crimes of violating the Road Traffic Act with heavier punishment between both crimes and heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (i.e., reflective points)

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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