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(영문) 울산지방법원 2013.05.09 2013고단470
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 January 26, 2013, at around 20:30, the Defendant driven CM5 vehicle under the influence of alcohol with approximately 0.084% alcohol level without obtaining a driver's license from the front road of the Ulsan-dong "88 Dul-dong, Ulsan-gu, Ulsan-dong" to the front road of the same school-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the report on the status of a drinking driver;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 200,000 won) is that the Defendant, at the Ulsan District Court on May 23, 201, issued a summary order of a fine of one million won due to a violation of the Road Traffic Act in the Ulsan District Court on May 23, 201, and the same court on February 17, 2012, issued a summary order of a fine of two million won for the same crime, and the execution of the sentence is to be suspended only once.

It is so decided as per Disposition for the above reasons.

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