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(영문) 울산지방법원 2013.05.30 2013고단560
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 March 4, 2013, at around 01:50, the Defendant driven C rocketing car under the influence of alcohol level of about 0.134% without a vehicle driver’s license at a section of about 10km in the direction of the mountain village in front of the mountain village located in the west-gu, Ulsan-gu, Ulsan-gu., the lower court.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A written report from an employee of an employer;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);

1. Probation and community service order, order to attend lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (the imposition of a certain period of community service is reasonable in order for a defendant to return to a sound member of society in view of the records, etc. of the defendant). The reason for sentencing is that the defendant, at the Ulsan District Court on May 10, 2012, was sentenced to a fine of six million won due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (driving without a license) not only three times, shall choose to punish him/her, and the execution of the sentence shall be suspended only once.

It is so decided as per Disposition for the above reasons.

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