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(영문) 울산지방법원 2013.12.05 2013고단2980
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on August 27, 2010, and was exposed to the same crime on May 17, 2013 and for the same year.

6. The Ulsan District Prosecutors' Office was subject to the Gu summary disposition;

On July 24, 2013, the Defendant: around 21:50, while under the influence of alcohol with 0.094% of blood alcohol concentration without a driver’s license, was translified from the street in front of a cafeteria in the north-gu, Ulsan-gu, Ulsan-gu to the front road of the Ulsan-gu, U.S.-dong Determination apartment, and driven a vehicle B at the 3km section.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the police;

1. Registers of driver's licenses;

1. Previous records of judgment: The application of criminal records, inquiry reports, investigation reports (a copy of indictment attached) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, 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 due to a heavier drinking operation);

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. Probation and lecture attendance order under Article 62-2(1) of the Criminal Act, even if there are two grounds for sentencing under Article 62-2(1) of the Criminal Act, once again, they make a decision of imprisonment because they are under normal conditions by drinking alcohol and driving without a license, and the execution of sentence is suspended by taking into account the fact that there exists a same kind of past record, but the risk of recidivism is recognized, and thus, the probation and the lecture order is added to the probation and law-abiding lecture order. Thus,

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