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(영문) 울산지방법원 2014.08.14 2014고단1721
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

On March 17, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 5 million for the same crime at the same court on May 1, 2012, respectively.

Criminal facts

On May 15, 2014, at around 21:25, the Defendant driven a B-to-purd motor vehicle without a vehicle driver’s license in a section equivalent to approximately 150 meters from the front day of the defensive power plant in Ulsan-dong defense zone to the front day of the defensive power plant located in the same Dong-dong defense zone.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (a summary order attached to the same type of drinking driving record);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the degree of discretionary mitigation is relatively high, the occurrence of an accident even if it occurs, and the fact that he/she does not drive again);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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