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(영문) 울산지방법원 2013.11.08 2013고단2766
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2009, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Ulsan District Court on October 5, 2009, and on February 4, 2010, the same court was sentenced to a fine of two million won for the same crime, etc., and on March 26, 2013, the Defendant driven two times or more under the influence of alcohol by the same court as the same crime, etc.

On July 6, 2013, the Defendant driven a d motor vehicle under the influence of alcohol content of 0.091% while under the influence of alcohol without obtaining a driver’s license from approximately 6 km section from the border of the Wancheon Bathing Beach located in the Republic of Korea on the roads of the same city to the Yancheon Doncheon Road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order and attachment of indictment);

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

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