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(영문) 울산지방법원 2014.06.19 2014고단666

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 11, 2011, the Defendant was sentenced to a suspended sentence of 6 months at the Busan District Court for a violation of the Road Traffic Act, etc., and on July 6, 201, at the same court on July 6, 2011, the Defendant was sentenced to a summary order of 4 million won or more for a violation of the Road Traffic Act (driving).

On March 19, 2014, the Defendant, while under the influence of alcohol with 0.085% of blood alcohol content, operated a Cchip car owned by B from the roads near the bones, such as bones Capital, etc. located in Ulsan-gu Undong without a driver’s license, to the front road of the same wedding Mar. 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses, and car4;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of dispositions, results of confirmation, application of certified copies of judgment, and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is 300,000 won as a fine for a violation of the Road Traffic Act on September 13, 1997; on November 20, 1998, 8 months of imprisonment for a violation of the Road Traffic Act and special larceny; on November 25, 1999, 30,000 won of fine; on January 10, 2002, 70,000 won of fine for a non-licensed driving on December 11, 2002; on July 1, 2003, 150,000 won of fine for a non-licensed driving on July 3, 2006; on July 15, 200, 2000 won of fine for a non-licensed driving on July 16, 207, 200 won of the suspended sentence.

Defendant.