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(영문) 울산지방법원 2016.04.12 2015고단2988
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on May 21, 201, and a fine of KRW 6 million by the same court on July 1, 2015 for a crime of violating the Road Traffic Act.

On October 31, 2015, the Defendant, without a driver’s license, driven a 50-meter motor vehicle from the front day of the mountain bathing beach located in Ulsan-dong, Ulsan-dong without a driver’s license of a motor vehicle, to the front day of the camper in the same Dong and located in the same Dong-dong.

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;

1. A written reply, such as inquiry about criminal history;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment of any punishment provided for a crime of violating the Road Traffic Act with more severe punishment and choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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