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(영문) 울산지방법원 2015.05.21 2015고단489

도로교통법위반(음주운전)등

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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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2010, the Defendant received a summary order of KRW 5 million from the Ulsan District Court on September 29, 201 to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving), from the Ulsan District Court on November 30, 201, a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) from the Ulsan District Court on November 30, 201, and on December 2, 2014, the Defendant received a summary order of KRW 5 million from the Ulsan District Court on December 2, 201.

On February 11, 2015, at around 03:16, the Defendant driven C truck under the influence of alcohol content of about 0.122%, without obtaining a driver’s license, from around 1.5km section from the singing day to the new singular road located in the same Dong, where the name of the Defendant who is in the Southern-gu Southern-si, Ulsan-si cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of driving on a motor vehicle and the register of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment, etc.);

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

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 execution of imprisonment with prison labor is to be executed on condition of taking probation and compliance driving lectures at once in consideration of the following favorable circumstances: (a) even though the person was sentenced to a fine on seven occasions due to the reason of sentencing under Article 62-2 of the Criminal Act, due to drinking without permission, driving without permission, etc.; (b) the fact that the person was sentenced to a suspended sentence for any other crime other than the same kind of crime in around 1995; and (c) the fact that the person was in contravention of the order, etc.