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(영문) 울산지방법원 2012.12.28 2012고합490
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

Criminal power is a person who was sentenced to a fine of KRW 2 million by the Ulsan District Court on April 17, 2009 and a fine of KRW 6 million by the same court on July 6, 2012.

Criminal facts

On September 11, 2012, the Defendant, without a driver’s license, driven a B Twork XG car without a driver’s license on September 12, 2012, in a state of alcohol alcohol leveling 0.182% of alcohol level to the Newcheon-dong, located in the same new-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and a report on the detection of a driver;

1. The ledger of driver's licenses for automobiles;

1. Photographs;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, etc., and Article 59 of the Act on the Punishment, etc. of Probation, the current Road Traffic Act, where a person who has been engaged in drinking not less than twice in driving under the influence of alcohol again for the purpose of preventing driving under the influence of alcohol and enhancing the punishment if he/she drives under the influence of alcohol again, even though he/she had been punished four times due to driving under the influence of alcohol, the Defendant performed driving without a license in this case, even though he/she had the record of serving four times due to drinking alcohol, the degree that blood alcohol level at the time of committing the crime cannot be properly driven under the influence of 0.18

However, the defendant is deeply against his will, suspended execution.

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