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(영문) 울산지방법원 2016.04.20 2016고단694
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2013, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million with a fine of KRW 2 million due to a crime of violating the Road Traffic Act at the Ulsan District Court on June 10, 2013, and a summary order of KRW 3 million with a fine of KRW 3 million with a crime of violating the Road Traffic Act at the Ulsan District Court on November 22, 2013.

On March 9, 2016, the Defendant, who was punished twice or more due to a violation of the Road Traffic Act (driving alcohol), was under the influence of alcohol on the part of approximately 200 meters from the studio in front of the studio in which it is impossible to identify the name located in the Southern-gu Southern-dong, Ulsan-gu, Ulsan-gu to the front road of the Dongcheon-gu, Nancheon-gu, Nancheon-gu, Nancheon-gu, Nancheon-gu, Nancheon-gu, the Defendant again driven the above studio without a motor device license under the influence of alcohol, from around 200 meters to the front road of the Dongcheon-gu, Nancheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. License register;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly eight times) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (the fact that there is no past record of the suspension of execution of imprisonment or any heavier punishment for the same crime, and other circumstances, such as the details of the crime and the degree of reflectivity, etc. that are shown in the records and pleadings);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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