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(영문) 울산지방법원 2020.05.14 2019고단4597

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and two 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 April 16, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on January 31, 2008, the Defendant received a summary order of KRW 2,50,00,000 as a fine for the same crime in the same court.

Nevertheless, at around 16:00 on November 2, 2019, the Defendant driven a d'bpon vehicle under the influence of alcohol leveling 0.07% without a driver's license from approximately 3km section from the front side of the upper north-Myeon Office in Ulsan-gun, Ulsan-gun, to the front side of the C cafeteria located in B, to the front side of the C cafeteria.

Accordingly, the Defendant, while under the influence of alcohol, was driving a motor vehicle more than twice, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. The defendant's legal inquiry into the results of regulating drinking driving under the influence of alcohol, the inquiry into the report on his/her circumstantial statement, criminal records of his/her driver's license register, and the application of summary order statutes;

1. Selection of imprisonment with prison labor for an alternative crime under Articles 40 and 50 of the relevant Act, Articles 148-2 (1), 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

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

1. The punishment against the accused shall be determined in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the background leading to driving without a license, blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;