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(영문) 울산지방법원 2015.11.05 2015고단2283
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

The Defendant, at the Ulsan District Court on March 4, 2008, has the record of being sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act, a fine of 2 million won for the same crime in the same court on December 6, 2013, and a summary order of 5 million won for the same crime in the same court on September 15, 2014, respectively.

On September 21, 2015, the Defendant: (a) around 21:50 on September 21, 2015, 2015, from around 150 meters away from the pre-road of the “Sami” restaurant to the lower-class road of the river located in the same Dong to the lower-class road of the same Dong without a driver’s license to drive a vehicle B while under the influence of alcohol with a blood alcohol concentration of 0.15% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of driving under the influence of alcohol;

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

1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (a copy of a summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and community service order Article 62-2 of the Criminal Act, considering the fact that even though many people of the same kind of experience in sentencing have again repeated driving of drinking without a license, Defendant should be punished strictly, but the fact that mistake is recognized, the fact that there is no previous conviction exceeding fines, the fact that there is no social relation, and other conditions of sentencing as shown in the records, such as Defendant’s age, character, conduct and family environment, shall be determined as ordered by taking into account the following factors

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