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(영문) 울산지방법원 2014.08.01 2014고단1159
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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 January 10, 201, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on January 10, 201, and a summary order of KRW 5 million as a fine in the same court on June 24, 2013.

On March 26, 2014, at around 21:20, the Defendant driven a B-to-land car owned by the Defendant’s husband without obtaining a driver’s license, in a section of approximately 500 meters of blood alcohol concentration at approximately 0.087% while under the influence of alcohol at around 0.087%, from the road near the Southern-si East-si E-si, Yangsan-si to the road front of the same inserted quantity elementary school.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of the same criminal records and summary decisions-making Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no other penal power, in addition to the fine on two occasions on the market; Article 62 (1) of the same Act; Article 62 (1)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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