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(영문) 울산지방법원 2015.11.12 2015고단2284
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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, and the summary order of KRW 4 million for the same crime at the same court on March 18, 2015.

On September 13, 2015, at around 02:00, the Defendant driven a passenger car with a blood alcohol concentration of at least 0.170% (K7) without obtaining a driver’s license from the front side of the modern apartment in Ulsan-gu, Ulsan-gu to the front side of the 7km-gu, Ulsan-gu, Ulsan-gu, and without driving license from the 7km section, and driving a passenger car with a blood alcohol concentration of at least 0.170%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that a driver's license was revoked due to the reason of sentencing in Article 62-2 of the Criminal Act, but the driver's license was revoked, and the fact that the driver's license was revoked is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the fact that there is no other criminal history other than the records of the drunk driving crime in the judgment, and the fact that the defendant does not repeat the crime such as disposing of the vehicle, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the records, such as the age, character and conduct, environment, family relationship, motive and circumstance of the

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