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(영문) 울산지방법원 2014.02.13 2013고단3265
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 July 18, 2013, at around 22:52, the Defendant, without a driver’s license, driven a 500-meter distance from the front side of the eart, which is in the middle-gu academic Dong in Ulsan-gu, Ulsan-gu, U.S., to the prosperity located in Ulsan-gu, U.S., Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the police driver;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (2) 2, 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. 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 62 (1) of the Criminal Act;

1. Probation and education order under Article 62-2(1) of the Criminal Act has a history of having been punished several times, such as a fine, suspension of execution, and sentence, due to driving without a license for drinking alcohol for the reason of sentencing, and, even though a person was notified of a summary order of KRW 5 million due to drinking driving on or around February 2013, choice of imprisonment is difficult to reach the crime of this case again for five months, and thus, the risk of recidivism is high in light of the circumstances leading up to the crime of suspending the execution of punishment and the criminal records, etc., taking into account the fact that most of the criminal records were prior to 2005, and thus, an order to attend probation and

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