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(영문) 울산지방법원 2015.03.27 2015고단168
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2010, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Ulsan District Court to a fine for the same crime on September 4, 2014 respectively.

Criminal facts

On January 15, 2015, the Defendant, while under the influence of alcohol 0.129%, driven a B-learning car without a car driver’s license at a section of approximately 50 meters from the previous road of the KS Broadcasting Station located in the same Kugsan-dong, Nam-gu, Ulsan-gu, Seoul-do, to the roads located in the same Kugsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving, and the circumstantial statement of a drinking-driving driver;

1. Investigation report (Attachment to a summary order of the same kind of crime);

1. Application of the driver's license ledger and the Acts and subordinate statutes of the next red inquiry;

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

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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