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(영문) 울산지방법원 2014.06.26 2014고단1123

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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 April 1, 2009, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, on May 15, 2009, a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (free license) from the same court on May 15, 2009, and on July 22, 2013, a summary order of KRW 6 million to the same court on July 22, 2013, respectively.

On April 3, 2014, the Defendant, while under the influence of alcohol of 0.130%, driven a car without a car driver’s license from around 300 meters to around 300 meters away from the Do near the Seogsan-dong, Ulsan-gu, Busan-do to the roads in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Investigation report (Attachment of summary order for the same type of crime);

1. Application of each statute of summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the defendant had been punished three times due to drunk driving, but he had a record of re-licenseed without permission, and the defendant should be punished with severe punishment due to its poor nature and serious negligence.

However, in consideration of the fact that the defendant's mistake is recognized and that there is no record of punishment as punishment, the punishment shall be determined and sentenced as per the disposition.