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(영문) 울산지방법원 2013.09.26 2013고단2714

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 July 16, 2013, at around 21:40, the Defendant driven Bone Star Motor Vehicle while under the influence of alcohol level of about 0.206% without obtaining a driver's license from approximately 5km section from the front day of the restaurant for Eingu, Ulsan-gun, U.S. to the middle distance in the same military life.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes after making a report on the control of drinking driving;

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)