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(영문) 울산지방법원 2016.06.03 2016고단512
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court, and on July 22, 2010, the Defendant was sentenced to three years of suspension of execution for a year due to a violation of the Road Traffic Act (refluence of drinking), and on October 10, 2008, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (refluence of drinking), and on January 16, 2008, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for a violation of the Road Traffic Act (refluence of drinking), etc. by the same court.

On February 7, 2016, the Defendant driven, from around 600 meters to about 0.120% of alcohol concentration in blood without a vehicle driver’s license, the Gambter in the direction from the front side of the restaurant to the front side of the road by the Gu located in the same Ri, Seogu-gu, Ulsan-gun, Ulsan-do, Seoul Special Metropolitan City, the Defendant driven a B Kambter under the influence of alcohol content of 0.120% without a vehicle driver’s license.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol without obtaining a driver's license again from a person with at least two times in violation of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and a report on the circumstances of driving alcohol;

1. Inquiries into the ledger of driver's licenses and the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1, Article 43 (the point of driving without a license) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, sex, environment, motive, background, means, methods, and consequences leading to the instant crime, and the circumstances before and after the instant crime, and the conditions of sentencing as stated in the text of the order shall be determined.

(b)bed;

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