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(영문) 울산지방법원 2015.03.18 2015고단50
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 22, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on July 22, 2013. On December 4, 2014, the Defendant was sentenced to imprisonment of eight months for a violation of the Road Traffic Act, etc. at the Ulsan District Court on December 4, 2014, and was sentenced to two years for a suspended sentence, and is currently under a suspended sentence.

At around 23:00 on December 12, 2014, the Defendant driven CL car with a blood alcohol content of at least 0.158% under the influence of alcohol without obtaining a driver’s license from the front parking lot of Seogsan-gu, Ulsan Metropolitan City from about 100 meters to the roads in front of the National Agricultural Cooperative, Seogsan-si, Ulsan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of a sentence of imprisonment with prison labor as a matter of choice (including the repeated crime of the same kind and the suspended sentence of imprisonment with prison labor as a result of the same crime has become final and conclusive, considering the fact that the

1. Article 53 of the Criminal Act for discretionary mitigation (i.e., confession and reflective points, and other considerations such as family relationship, etc. of the accused);

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