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(영문) 울산지방법원 2016.11.30 2016고단3025
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 of the final judgment.

Reasons

Punishment of the crime

On August 4, 2006, the Defendant issued a summary order of one million won for a crime of violation of the Road Traffic Act at the Busan District Court on August 4, 2006, and a summary order of two million won for the same crime at the Ulsan District Court on August 29, 2013.

On August 31, 2016, at around 21:50, the Defendant driven a B-be cargo vehicle without obtaining a driver’s license from the place near the Nam-gu Southern-gu Franchisium to the front side of the same north-dong 30 meters section of approximately 0.123% of blood alcohol content from the 30-meter section to the same north-do west.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the results of crackdown on drinking driving and the driver's license register;

1. Previous convictions: The application of Acts and subordinate statutes, such as criminal records and investigation reports (No. 14);

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and Article 55(1)3 of the same Act (Article 55(1)3 of the same Act provides that the punishment for a crime of the same kind is less than 0.123% in light of the repetition of the crime of the same kind or the taking-off of drinking, but has no record of punishment for a crime of the same kind yet to be suspended or higher due to the same crime, or the details of the crime, the degree of reflectivity

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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