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(영문) 울산지방법원 2018.04.26 2018고단552
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 January 22, 2014, the Defendant was notified of a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court. On September 16, 2015, the Defendant was notified of a summary order of a fine of KRW 2 million for the same crime at the same court on September 16, 2015, and on July 31, 2017, the Defendant was notified of a summary order of KRW 1 million for a crime of violating the Road Traffic Act (unlicensed Driving).

On March 3, 2018, the Defendant driven, without a driver’s license, Category B 1, from around 1, 2018 to around 1, 201, B rocketing vehicles from around 0.084% of alcohol content in the blood while under the influence of alcohol at 0.084%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting an offense (the choice of each disciplinary type)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is possible to have the record of punishment for Defendant drinking and driving without a license, the instant crime was committed again. Meanwhile, the Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc., and the conditions of sentencing indicated in the record, such as the Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc., shall be determined by taking into account the following factors, and the execution thereof shall be suspended and community service shall be ordered

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