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(영문) 울산지방법원 2015.02.04 2014고단2605
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2014, the Defendant was sentenced by the Ulsan District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine for the same crime at the Ulsan District Court on January 28, 2014, and on December 4, 2024, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime, and on December 12, 2014, the judgment became final and conclusive on December 12, 2014.

On July 22, 2014, the Defendant, without a license for a motorcycle at approximately 0.085%, driven the B 100cc Obane in the section of approximately 2km from the front side of the mountain beach distance located in Ulsan-dong, Ulsan-dong, U.S. to the front side of the defensive Dong Resident Center located in Ulsan-dong, U.S., U.S., without a license for a motorcycle at approximately 22:10cm.

Accordingly, the defendant, even though he had a history of drinking more than twice, has been driving at once, and also driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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 alcohol), subparagraph 2 of Article 154 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes (trade between the crimes on the market and the crimes of obstruction of execution of official duties for which judgment has become

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no other penalty power except the case of the market punishment power, the fact that a judgment has to be judged together with the crime of obstruction of performance of official duties for which a judgment has become final and conclusive, the fact that a judgment should be taken into account and that a non-

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