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(영문) 울산지방법원 2013.11.28 2013고단1778
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

[criminal power] On September 15, 2009, the defendant was sentenced to a fine of 2 million won for the violation of the Road Traffic Act in the Busan District Court's branch branch court (driving) on September 15, 2009, and on December 18, 2012, a fine of 2.5 million won for the same crime at the Busan District Court's Busan District Court's Busan District Court's branch court's summary order of the same kind of power

【Criminal Facts】

At around 21:50 on February 11, 2013, the Defendant, who had been punished twice or more due to drinking driving, driven a B-pppon vehicle with a blood alcohol concentration of about 0.192% under the influence of alcohol without obtaining a driving license from a vehicle driving license at a section of about 500 meters in front of a gas station and without driving the B-pon vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident occurrence report, status quo and statement report, and the register of driver's licenses;

1. Previouss: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal records, pre-dispositions, and reporting results;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant)

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