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(영문) 울산지방법원 2013.09.05 2013고단2008
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 April 10, 2013, at around 20:20, the Defendant, without a driver’s license, driven a string-off truck from approximately 50 meters prior to the “Scambling-gu” convenience store located in Ulsan-gu, Ulsan-gu, Seoul-do, with a blood alcohol content of 0.167% while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the provisions of the Acts and subordinate statutes to the police master, driver status, statement statement, and driver status register;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The execution of a sentence is suspended considering the fact that there are many criminal records of the defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act, which are identical to those of the defendant, and the driving distance is not long. Since the risk of recidivism is recognized, the probation and compliance driving curriculum is added to an order to attend the probation and compliance driving lecture.

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