beta
(영문) 울산지방법원 2014.03.20 2013고단4002

도로교통법위반(무면허운전)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 March 27, 2007, the Defendant received a summary order of two million won or more as a crime of violation of the Road Traffic Act from the Ulsan District Court, and a summary order of three million won or more as a fine in the same court on July 27, 2010, respectively.

On November 17, 2013, at around 01:05, the Defendant driven a B-hand car in the state of alcohol without a driver’s license from around approximately 1km section from the front of a cafeteria located in the Seo-dong, Ulsan-gu, Ulsan-gu to the roads in front of the same Jeonndong Hyundai Heavy Industries.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the enemy;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;

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

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. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, had been sentenced to a fine on seven occasions from 1995 to June 2013 due to drinking, driving without a license, etc., again, driven under the influence of alcohol.

It is reasonable to impose community service and law-abiding lecture for a certain period in consideration of the defendant's military force, etc., so the punishment is determined as per Disposition.