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(영문) 울산지방법원 2014.07.24 2014고단1025
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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

[criminal power] On February 3, 2004, the defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court Kimcheon-do branch on November 21, 2005, a fine of KRW 1.5 million for a violation of the Road Traffic Act (Unlicensed Driving) at the same court on November 21, 2005, and a fine of KRW 4 million at the Ulsan District Court on October 13, 2010, respectively.

【Criminal Facts】

On April 1, 2014, at around 23:55, the Defendant, without a driver’s license, driven a vehicle B with approximately KRW 1km from the south-gu, Ulsan-gu to the front road of the Seogsan-gu, Chungcheongnam-gu, Ulsan-gu, U.S. Island, while under the influence of alcohol content of 0.11%, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a copy of summary order of the same case);

1. Relevant provisions of Article 148-2 (2) 2, 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. Selection of imprisonment and the imposition of an order to attend a course, taking into account the fact that a person has been sentenced to imprisonment or more severe punishment than a fine or more severe punishment than a fine, and the sentencing factors indicated in the record shall be determined by taking into account the following: (a) the person has been sentenced to imprisonment and an order to attend a course: (b) the person has been sentenced to more than a fine or more than

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