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(영문) 울산지방법원 2016.11.30 2016고단3666
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 18, 2009, the Defendant issued a summary order of KRW 7 million by the Ulsan District Court for a violation of the Road Traffic Act (driving under the influence of sound), and the summary order of KRW 5 million by the same court on July 3, 2014 as a crime of violation of the Road Traffic Act (driving under the influence of sound), respectively.

At around 02:10 on October 17, 2016, the Defendant, without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.175%. From the filial plant located in the blue-gun in Ulsan-gun, the Defendant driven a DNA-low-water car in the area of about 10km from the filial plant in Ulsan-gun, to the flow of the same military, to the flow of the clean-water level of 10km.

Therefore, even though the Defendant violated two times or more due to drinking driving, the Defendant also driven the car under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Before judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (No. 8);

1. Article 148-2 (1) 1, 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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act), considering the fact that there is no record of punishment heavier than that of the suspended sentence due to the same kind of crime, or that there is no record of the suspended sentence or higher for the same crime, or that the suspended sentence should be selected by taking into account the circumstances of the

1. Probation and community service order under Article 62-2 of the Criminal Act;

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