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(영문) 울산지방법원 2014.06.17 2014고단975
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 of the final judgment.

Reasons

Punishment of the crime

On July 18, 2006, the Defendant issued, at the Ulsan District Court, a summary order of KRW 2 million for a violation of the Road Traffic Act, to a fine of KRW 7 million for a violation of the Road Traffic Act, at the Busan District Court on September 7, 2009, a summary order of KRW 2 million for a violation of the Road Traffic Act, and on January 28, 2014, a summary order of KRW 3 million for a violation of the Road Traffic Act was issued by the Ulsan District Court on January 28, 2014.

On April 12, 2014, at around 01:17, the Defendant driven a ecoo vehicle under the influence of alcohol concentration of 0.167% without obtaining a driver’s license in the section of about 1km from the area near the ecoo-dong in Yangsan-si to the front road of the ecoo-nam apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the circumstances of the driving of a facility;

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

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the Defendant had been punished several times due to the violation of the Road Traffic Act, again he had driven a motor vehicle without a driver's license in the drinking state, and considering the Defendant's criminal records, the content of the instant crime, and the circumstances leading to the instant crime, the nature of the crime is poor.

However, the fact that the defendant has no record of being punished for more than the fine due to the same criminal record, the fact that the defendant repents the errors, etc. shall be taken into account, and all the conditions of sentencing, such as family relationship and character and behavior, shall be

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