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(영문) 울산지방법원 2015.09.10 2015고단1664

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 25, 2003, the Defendant issued a summary order of a fine of one million won or more for a violation of the Road Traffic Act at the Ulsan District Court on August 27, 2007, a fine of one million won or more for a violation of the Road Traffic Act at the Ulsan District Court on August 27, 2007, and on June 10, 2014, a fine of six million won or more for a violation of the Road Traffic Act at the Ulsan District Court on June 10, 2014, respectively.

【Criminal Facts】

The defendant is a person who is engaged in driving a B E-car.

On March 26, 2015, at around 21:26, the Defendant driven the said vehicle under the influence of alcohol content of 0.134% without a driver’s license, from around the flive flive flive flive flive flive flive flive flive flive flive flive to the front day of the entrance of the “salong village” in Yang

Accordingly, the defendant, even though he had a history of drinking driving more than twice, was driving a motor vehicle without a driver's license in the state of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses, and car4;

1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (a copy of a summary order);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. While considering the fact that probation and community service order had a majority of fines of the same kind for the reasons of sentencing under Article 62-2 of the Criminal Act, and again repeated driving of drinking without a license, the defendant should be punished strictly, the fact that the defendant is recognized of mistake and reflects it, and all of the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, family environment, etc., shall be