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(영문) 울산지방법원 2013.06.13 2013고단1666
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 March 20, 2013, at around 21:17, the Defendant, without a car driver’s license, driven a car of approximately 2 km in the section of approximately 2 km from the front of the Blue-gun, Ulsan-gun, under the influence of alcohol by 0.060% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the police driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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, which is heavier than the heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Probation and order to attend a course of probation shall be selected by imprisonment in light of the fact that there are many traffic-related criminal records in sentencing grounds under Article 62-2 (1) and proviso to Article 62-2 (2

However, the term of imprisonment with prison labor and the suspension of execution shall be taken into account the fact that one time of driving without a license has passed more than 10 years, and that the degree of drinking of this case is not much serious, etc., but the risk of recidivism is recognized, and therefore probation and the order to attend a lecture for a certain period is determined as the attached order.

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