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(영문) 울산지방법원 2015.11.26 2015고단2693
도로교통법위반(무면허운전)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

On June 30, 2004, the Defendant was sentenced to a fine of 500,000 won due to a violation of the Road Traffic Act (driving) by the Ulsan District Court, etc. on October 16, 2008 by the same court on September 16, 2008, a fine of 2 million won due to a violation of the Road Traffic Act (driving). On September 18, 2015, the Defendant was charged with summary acts and is currently pending trial.

On October 10, 2015, at around 07:20, the Defendant driven a vehicle driving license at approximately 7 km section from the Nam-gu, Ulsan-gun to the front of the Ulsan-gun, Ulsan-gun, without obtaining a vehicle driving license, and at least 0.053% of blood alcohol concentration at approximately 0.053% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the register of driver's licenses, and the report on the status of driving under driving;

1. Previous convictions in judgment: Reference reports, the ordinary records of dispositions and reports on the results of confirmation, and the application of Acts and subordinate statutes to investigation reports (a summary order and an indictment attached);

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 2 of Article 154 and Article 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. There are no other criminal records except the punishment of a fine due to the violation of the Road Traffic Act on 1995 and around 1995, and the fact that the probation and the order to attend the school seems to have been controlled due to math of the preceding day while serving in the school, even though they had the record of punishment for drinking and driving without a license, as stated in the judgment of the reasons for sentencing in Article 62-2 of the Criminal Act, and in particular, even though they had not obtained a license, they seem to continuously have been driving without a license for a considerable period of time.

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