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(영문) 울산지방법원 2013.07.11 2013고단1741
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 03, the Defendant received a fine of KRW 1.5 million from the Ulsan District Court on 008, 2009, and a fine of KRW 3 million from the Ulsan District Court on 05, 2010 due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Driving without a license) at the Ulsan District Court on 05, 2010.

On March 29, 2013: (a) around 23:16, the Defendant driven a B observer car without a driver’s license in the state of alcohol alcohol concentration of approximately 0.104% from the 2km section to the road in front of the Ulsan District Police Agency, located in the same sex-dong of Ulsan Metropolitan City, Ulsan Metropolitan City, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the status of the driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order, and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant

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