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(영문) 울산지방법원 2018.05.17 2018고단600
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On March 27, 2013, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a crime of violating the Road Traffic Act, and KRW 5 million by the same court on November 14, 2014 for a crime of violating the Road Traffic Act.

On March 3, 2018, the Defendant, without obtaining a driver’s license at around 22:39, driven a x-d-d-d-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, report on the situation of the driver's license, and the register of driver's licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same paper judgment) and statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the relevant Act concerning a crime, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning a crime;

2. Abnormal concurrence, Articles 40 and 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment.

3. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following conditions in favor of the reasons for sentencing shall be considered).

4. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds for sentencing repeated consideration).

5. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The conditions favorable to the defendant shall be as follows:

There is no criminal history of imprisonment without prison labor or heavier.

2. The circumstances disadvantageous to the defendant shall be as follows:

Despite the history of punishment several times for the same crime, the crime of this case has been committed.

3. The motive, means, and consequence of the instant crime committed, depending on the various circumstances of the Defendant.

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