logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.06.11 2015고단945
도로교통법위반(음주운전)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

[criminal power] On March 13, 2013, the Defendant issued a fine of seven million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on March 13, 2013, and on December 26, 2013, the Ulsan District Court issued a fine of six million won for a violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) on more than three occasions.

【Criminal Facts】

On April 1, 2015, at around 22:00, the Defendant driven a Bsch-ton car without obtaining a driver's license from approximately 100 meters from the front day of the mutually unclaimed restaurant in Ulsan-dong defense Dong to the front day of the Dong defense Dong Community Service Center.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and drives a motor vehicle without obtaining a driver’s license in the state of drunk.

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 (attached to the previous and summary orders);

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. While considering the fact that the probation and community service order had six times the past record of fines of the same kind for the reasons of sentencing under Article 62-2 of the Criminal Act and once again repeated driving of drinking without a license, the defendant should be punished strictly, the fact that the defendant is recognized of mistake and reflects it, and the sentencing conditions as shown in the records, such as the defendant's age, character and behavior, family environment, are considered to be

arrow