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(영문) 울산지방법원 2015.02.05 2014고단3895
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 February 15, 2008, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 1 million in the same court on October 27, 201, respectively.

【Criminal Facts】

On December 1, 2014, the Defendant, at around 21:40, driven the 500-meter radius from the front way of the LG Electronic Services Center located in the GG Electronic Services Center located in Ulsan-dong, Ulsan-gu, U.S., to the front day of the same 670-day defense power cycle, without a motorcycle driver’s license, while under the influence of alcohol of approximately 0.085% of blood alcohol concentration, driving the 124cc SP Qa25 Ora while under the influence of alcohol concentration at least 0.085%, and was punished for the violation of the Road Traffic Act (driving) on more than two occasions. However, the Defendant again driven the 0.085% alcohol concentration in blood while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses, the chassis, and the disqualified;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached to a summary order), and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the same 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. Probation and community service order Article 62-2 of the Criminal Act provides two times the same records of sentencing and continuous driving of drinking without a driver's license. In light of the fact that a person continues to drive alcohol without obtaining a driver's license, the defendant should be punished strictly. However, the defendant is erroneous, and the defendant has no record of crime other than a fine among the same records, and other sentencing conditions as shown in the records, such as the defendant's age, character and behavior, family environment

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