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(영문) 울산지방법원 2015.02.12 2014고단3444
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 October 12, 2014, at around 23:34, 2014, the Defendant driven Bpoffing 49C 49cison in a drunken state with a blood alcohol content of about 0.203% without obtaining a motorcycle driver’s license from the front side of a bridge located in the new Sindong-dong, Ulsan-gu, Ulsan to the front day of the tower in the same Dong to the road in front of the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. 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 reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, has been driven by the Defendant, and the liability for the crime is not somewhat weak.

In addition, the sentence shall be determined and sentenced as ordered by taking into account all the circumstances such as the defendant's criminal history and blood alcohol concentration.

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