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(영문) 울산지방법원 2014.06.13 2014고단519
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 28, 2006, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Busan District Court’s branch branch court, and on December 13, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act.

On February 8, 2014, the Defendant, without obtaining a driver’s license at around 23:50, driven a CM520-car at a section of approximately 500 meters from the Do in front of the mutually unclaimed restaurant in the Northern-si, Yangsan-si to the Do in front of the Dondo cafeteria in the same region without obtaining a driver’s license at around 0.247%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. A driver's license inquiry;

1. Previous records: The application of the Act and subordinate statutes to refer to inquiries, such as criminal records, amounts of dispositions, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1, 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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do1111, Jun. 1, 2012>

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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