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(영문) 울산지방법원 2015.02.12 2014고단509

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant, at the Ulsan District Court on June 14, 2007, was sentenced to a suspended sentence of 7 months for a violation of the Road Traffic Act, etc., and on August 12, 2009, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime, etc. and was sentenced to a suspended sentence of 2 years for the same crime in the same court on August 12, 2009.

On December 15, 2013, the Defendant, without obtaining a driver’s license at around 17:30 on December 15, 2013, driven CCA 110 Obaba in a section of approximately 500 meters from the front of the literature park located in the defensive Dong-dong, Ulsan-dong defense Dong to the intersection of the cCA 300-obaba.

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. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports and investigation reports (a copy of the same type of force judgment attached);

1. Relevant Article 154 subparagraph 2 of Article 154 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 (the point of running a sound driving);

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;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in drinking and driving without a license even though the Defendant had been punished several times due to drinking driving and driving without a license, and the liability for such crime is not weak.

However, considering the fact that the defendant recognized a crime, there is no history of serving a sentence, and that the defendant is an elderly person who has difficulty working 74 years of age, the defendant is an elderly person, and considering other circumstances such as the numerical value of blood alcohol concentration and the process of detection, the punishment shall be determined and sentenced as ordered by the disposition.