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(영문) 울산지방법원 2015.11.26 2015고단2548
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On October 18, 2006, the Defendant issued, at the Ulsan District Court, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, a summary order of KRW 4 million for a fine of KRW 2 million for a crime of violation of the Road Traffic Act, at the same court on November 28, 2008, and at the same court on June 24, 2013, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act was issued.

On October 3, 2015, at around 07:45, the Defendant driven B-low-water vehicle under the influence of alcohol content of about 0.075% without obtaining a driver’s license from approximately 5km section in front of the Ulsan-gun, Ulsan-gun, Ulsan-do, to the roads in front of the Ulsan-do, Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the results of the driving control, the inquiry into the results of the driving control, and the report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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. The fact that an order to attend the course of sentencing under Article 62-2 of the Criminal Act has five times the history of violating the Road Traffic Act, such as drinking without permission, driving without permission, etc., is disadvantageous to the defendant.

However, it is driving under the condition that the defendant is against nature, the blood alcohol concentration level is not high, and the he is driving under the condition that he or she is less drinking.

The defendant's age, character and behavior, environment, motive and background of the crime, distance of drinking driving, and conditions after the crime are committed, such as the fact that it seems to have been discovered by drinking control, and there are no criminal records of suspended execution or more.

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