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(영문) 울산지방법원 2018.07.04 2018고단1317
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 sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2014, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on May 7, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving).

On April 12, 2018, the Defendant driven C 124CC U.S. under the influence of alcohol content of about 0.134% in alcohol without obtaining a motor device driver’s license from approximately 300 meters in the section of approximately 300 meters to the front day of the Jindo-Eup in Ulsan-gun, Ulsan-gun, Ulsan-do, U.S., the head of Seoyang-gu, U.S., Ulsan-do, one-way, 22, from the Do in front of the two markets of Ulsan-do, Ulsan-do, the Defendant driven C 124CC U.S. under the influence of alcohol content of about 0.134% in blood.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, and drives an stoba without obtaining a motor bicycle driver's license in a drunken state.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger (the sequence 10 of the evidence list);

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Operation without a license under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 154 subparagraph 2 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guideline is not set.

A favorable normal state: A statement that he/she makes a confession and reflects his/her depth: A state unfavorable to drinking and driving without a license: A state that alcohol concentration in blood is considerably high, not improved despite the continued punishment;

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