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(영문) 울산지방법원 2016.01.27 2015고단3144

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2013, the Defendant received a fine of three million won or more due to a crime of violating the Road Traffic Act (drinking) from the Ulsan District Court on May 16, 201, and a summary order of five million won or more due to the same crime in the same court on August 25, 2014, respectively.

On November 4, 2015, the Defendant, at around 20:10, driven a car without obtaining a driver’s license from the front side of the construction site of a two-friendly apartment located in Geumnam-si, Yangsan-si to the front road of the yellow field apartment located in the same time at the same time, from around 3.5km-gu, and without obtaining a driver’s license from the front side of the construction site of a two-friendly apartment located in the same time. B, while under the influence of alcohol content of 0.170% during blood, did not enter into a mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) and 8 of the Guarantee of Automobile Compensation for Damages;

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

1. Selection of each sentence of imprisonment with prison labor ( consideration of repeated driving of drinking);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of quantity (including the confession of a crime and the misunderstanding of a mistake, and the fact that there exists no record of punishment of suspension of qualifications or more severe punishment due to the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;