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(영문) 울산지방법원 2019.02.19 2019고단221
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 facts

On December 1, 2017, the Defendant was issued a summary order of KRW 1.5 million at the Ulsan District Court for a violation of the Road Traffic Act, and KRW 1.5 million at the same court on August 1, 2018.

On January 1, 2019, at around 06:21, the Defendant driven a Radon car without obtaining a driver’s license in a section of approximately 100 meters of blood alcohol level 0.117% of alcohol level from the point near C store located in Ulsan-gu B to the front intersection of C store.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a driver and the register of driver's licenses;

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 criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of reflector, influence of drunk driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to attend lectures;

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