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(영문) 울산지방법원 2015.07.03 2015고단446
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 31, 2013, the Defendant was sentenced to a fine of three million won for a crime of violation of the Road Traffic Act (driving) by the Incheon District Court on May 31, 2013, and on July 23, 2014, the Ulsan District Court issued a summary order of two million won for a crime of violation of the Road Traffic Act (driving) and had the same power more than twice.

The defendant is a person engaged in driving a vehicle BM520.

On January 17, 2015, the Defendant, while under the influence of alcohol by 0.127% without a driver’s license, driven the said vehicle at approximately 300 meters in the section of approximately 300 meters from the street in front of the “brease house” in the vicinity of the movement in the Ganyang-si, Ganyang-si, Ganyang-si, Ganyang-si, Ganyang-si, Gan-si, Gyeongyang-si, Gyeongyang-do.

As a result, the defendant was driving a motor vehicle under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of drinking drivers, and the circumstantial report of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (a copy of the previous record, summary order, etc.);

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

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he had the record of being punished four times due to drunk driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.

The defendant is starting to commit a crime and is against the defendant, and the execution of the sentence is suspended.

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