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(영문) 울산지방법원 2017.11.29 2017고단3139
도로교통법위반(무면허운전)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 1, 2017, the Defendant driven D vehicles under the influence of alcohol content of 0.143% while under the influence of alcohol without a driver’s license, from the front line of the main station located in Ulsan-gu, Busan-do to the neighboring road of about 20 meters, 301, Samsan-ro, 301, Samsan-ro, 301.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Driving a driver without a legal license for the relevant criminal facts: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

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

1. The circumstances are more favorable to the defendant's statement that the reason for sentencing selective imprisonment with prison labor is the confession and reflection of the defendant.

However, on April 25, 2017, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Ulsan District Court on the same year.

5.3. The judgment became final and conclusive and conclusive during the suspension period, but the non-driving and non-licenseed driving were made only in a period of three months thereafter.

In addition, in 2003, one person has been punished for driving without a license in 2004 and 2016, and other criminal experiences are very high.

The alcohol concentration in blood is also reasonable.

In full view of the above circumstances, since the defendant's intention to observe the law can not be peeped, it is decided to sentence a punishment, and when imprisonment is finalized, it is decided as per Disposition in consideration of the fact that the suspended sentence is enforced.

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