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(영문) 울산지방법원 2014.02.06 2013고단3761
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

[criminal power] On February 19, 2008, the Defendant was sentenced to a fine of KRW 4 million by the Ulsan District Court for a violation of the Road Traffic Act (unlicensed Driving) and a fine of KRW 4 million by the same court on June 24, 201, respectively.

【Criminal Facts】

On September 29, 2013, at around 17:25, the Defendant driven a shower car, while under the influence of alcohol, without obtaining a driver's license, at a section of approximately 200 meters from the age smart front to the front road of the Gosan Fire Station located in the Solsan-gu, Ulsan-si, Ulsan-do, Ulsan-do., to the front road, the Defendant driven a shower car with the blood alcohol concentration of about 0.21%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previouss: Application of Acts and subordinate statutes to inquiries, such as criminal records;

1. Article 148-2 (2) 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds of probation, community service order and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant)

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