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(영문) 울산지방법원 2017.07.06 2017고단1383
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 27, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on June 10, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

[Criminal facts] On April 15, 2017, the Defendant driven BEX car at around 06:27, a around 300 meters away from the BEX car while under the influence of alcohol with 0.125% alcohol content while under the influence of alcohol without a vehicle driver’s license, from the front of the BEX car in Ulsan-gu, Ulsan-gu to the front of the convenience store in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous offense: Application of Acts and subordinate statutes of inquiry about 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 (unlicensed Driving)

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

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. In the case of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered by considering the following: (a) the Defendant had been punished twice due to drinking alcohol driving; and (b) the repeated driving of the pertinent drinking without a license even though he had the record of repeated driving of the instant drinking without a license; (c) the Defendant has no record of being sentenced to a fine exceeding the same kind of crime before the instant case; and (d) the Defendant

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