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(영문) 울산지방법원 2014.06.10 2014고단773

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 4, 2003, the Defendant issued a summary order of KRW 1 million to the Ulsan District Court for a violation of the Road Traffic Act; on May 18, 2007, a summary order of KRW 2.5 million to the Ulsan District Court for a violation of the Road Traffic Act; on November 28, 2008, a summary order of KRW 3 million to the Ulsan District Court for a violation of the Road Traffic Act; on February 26, 2010, the Defendant received a summary order of KRW 3.5 million from the Ulsan District Court for a fine of KRW 7 million to the fine of KRW 1 million; on August 25, 2010, the Defendant received a summary order of KRW 60 million from the Ulsan District Court for a violation of the Road Traffic Act (hereinafter referred to as the "Food Driving"); and on August 25, 2010, the Defendant received a fine of KRW 600,000 from the Ulsan District Court for a violation of the Road Traffic Act.

On February 8, 2014, at around 01:10, the Defendant driven a distance of about 2 kilometers from the front side of the head office, head office, age clubs, and the front side of the name village in the same Dong, which are located in the Nam-gu Busan-dong, Ulsan-gu, Busan-do, in the influence of alcohol concentration of 0.145 percent without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report (a copy of a summary order of the same kind to a suspect), and application of Acts and subordinate statutes of the summary order;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times as a fine for a violation of the Road Traffic Act.