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(영문) 울산지방법원 2015.08.24 2015고단1014
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for six months and by a fine of 300,000 won. If the defendant fails to pay the above fine.

Reasons

Punishment of the crime

On December 10, 2007, the Defendant issued a fine of three million won for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court's branch on December 10, 2007. On January 31, 2008, the Ulsan District Court issued a fine of one million and five million won for a violation of the Road Traffic Act (non-licensed driving) or a violation of the Road Traffic Act (non-licensed driving). On September 25, 2012, the Defendant was issued a fine of five million won at the Ulsan District Court on September 25, 2012.

On January 30, 2015, at around 22:40, the Defendant driven B otob in the state of under the influence of alcohol content of about 0.132% without obtaining a motorcycle driver’s license from a section of about 400 meters located in the front of the same defensive power cycle road to the front of the luminous intersection located in the same defensive cycle.

As a result, the defendant, who violated the prohibition of drunk driving more than twice, was driving in violation of the prohibition of drunk driving without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports and criminal investigation reports (attached to the same criminal records and summary orders);

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 2 of Article 154 and Article 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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