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(영문) 울산지방법원 2014.06.10 2014고단716
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 4, 2001, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for the crimes of violation of the Road Traffic Act, etc. at the Ulsan District Court on May 2, 201, and issued a summary order of KRW 2 million for the crimes of violation of the Road Traffic Act at the Ulsan District Court on August 7, 201, and a summary order of KRW 5 million for the crimes of violation of the Road Traffic Act at the Ulsan District Court on August 7, 2013, respectively.

On February 1, 2014, the Defendant driven a 2 km distance from the industrial tower located in the Southern-gu New East-gu, Ulsan-gu, to the two king of Ulsan-gu, Ulsan-do, where he did not obtain a driver’s license on February 1, 2014 and did not enter into mandatory insurance under the influence of 0.119% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (report attached to the same criminal records and other criminal records), and copies of written judgments;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only ten months of imprisonment and two years of suspended execution for the crime of violating the Road Traffic Act around 2001.

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