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(영문) 울산지방법원 2014.10.17 2014고단2466
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 September 29, 2006, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act, on November 15, 2010, a summary order of KRW 2 million as a crime of violation of the Road Traffic Act, and on January 28, 2014, the same court issued a summary order of KRW 5 million as a penalty of violation of the Road Traffic Act.

On August 4, 2014, at around 23:27, the Defendant driven a DNA rocketing car under the influence of alcohol content 0.106%, without obtaining a driver’s license, from around the 100-meter radius from the front of the mutually influent base of the trade in Ulsan-gu, Ulsan-gu to the roads adjacent to the two school located in the same school Dong, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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 imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there are many persons who have been punished for the same crime, but there is no record of punishment exceeding the fine, and that the mistake has been repented in depth and not driving it);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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