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(영문) 울산지방법원 2016.05.04 2016고단881

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2009, the Defendant received a summary order of KRW 1 million as a fine for a crime of violating road traffic law at the Ulsan District Court on August 3, 2009, and a summary order of KRW 4 million as a fine for the same crime at the same court on May 13, 2015.

On February 16, 2016, the Defendant again driven the said car under the influence of alcohol, even though he/she was punished twice or more for violating the Road Traffic Act (driving) by driving a Bchier XG car under the influence of alcohol without a driver's license, from the 2nd floor parking lot of "Yyang Emt" located in Yangsan-si, Yangsan-si to the front road of "Saepo frequency of flow" located in Yangsan-si, Yangsan-si, Yangsan-si. In addition, the Defendant again driven the said car under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly seven times) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (the fact that there is no record of punishment heavier than that imposed for the same type of crime, and other extenuating circumstances, such as the details of the crime and the degree of reflectivity, etc. as shown in the records and pleadings);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;