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(영문) 울산지방법원 2015.09.04 2015고단1474

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 27, 2014, the Defendant was issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act (driving), etc. by the Ulsan District Court on December 19, 2014, by the same court on December 19, 2014, and issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act (driving) and on January 23, 2015, by the same court on January 23, 2015, the Defendant was sentenced to a suspended sentence of KRW 1 year and a fine of KRW 100,000,000 for a violation of the Road Traffic Act (e.g., a violation of the Road Traffic Act) and was confirmed on January 31, 2015,

At around 18:40 on May 30, 2015, the Defendant driven a 1km section as CT 100 motorcycle on the front road of the water basin located in the water basin in front of the water basin in Yangsan-si, the water rate of which is 0.092% of the blood alcohol concentration without a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. License register;

1. Reporting on the arrest of a case;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and other statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant's reason for sentencing is against the defendant when committing a crime, the blood alcohol concentration is relatively high, and the fact that there is no traffic accident is an element for sentencing favorable to the defendant.

The defendant has four times of drinking driving skills and four-time of unlicensed driving skills, and again commits the same kind of crime even though he/she is under the suspension of execution due to the same criminal records, and the defendant, however, is under the influence of drinking, unless there is any inevitable reason to drive.