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(영문) 울산지방법원 2015.10.02 2015고단1098
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 1.5 million at the Ulsan District Court on November 28, 2008 to a fine of KRW 1.5 million for a violation of the Road Traffic Act, a fine of KRW 2 million for the same crime in the same court on March 28, 2011, and a fine of KRW 2 million for the same crime on October 27, 201 in the same court on October 27, 201, respectively. On February 13, 2014, the Defendant was sentenced to imprisonment for 8 months or suspension of execution with labor for the same crime, etc. at the same court on the same day.

8.2. A person whose judgment has become final and conclusive and is still under suspension of execution.

On April 29, 2015, at around 22:58, the Defendant driven a Category C motor vehicle with approximately 50 meters section from the Seogsan-gun, Ulsan-gun, Ulsan-gun, without a driver's license, to the front road in front of the old middle school located in the same Ri, while under the influence of alcohol content 0.147% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment reports to the same type of judgment, etc.);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is against the defendant when committing a crime, and that the defendant raises two grandchildren on behalf of the husband and wife who jointly takes a double punishment is an element for sentencing favorable to the defendant.

The defendant has five times the same criminal records, including two times the probationary power, and again commits the crime of this case even during the grace period, the defendant did not have any inevitable reason to drive of this case, and the defendant was sentenced to a suspended sentence for the same kind of case.

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