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(영문) 울산지방법원 2015.06.18 2014고단1188

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] On June 7, 2010, the Defendant was notified of a summary order of 1.5 million won of a fine due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on the same day, and on June 12, 2012, the Defendant was notified of a summary order of 7 million won of a fine for the same crime in the same court.

【Criminal Facts】

On May 7, 2014, at around 22:35, the Defendant driven a B-hurged vehicle owned by the Defendant under the influence of alcohol content of about 0.290%, without obtaining a driver’s license, at a section of about 200 meters in front of a cafeteria25 point in the same Ri GS25m. on the front of a cafeteria located in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A certified copy of an employment report of a drinking driver, a report on the status of a drinking driver, and a copy of the usage register of a drinking measuring instrument;

1. The register of driver's licenses for tea and cars;

1. Investigation report (victim C telephone communications);

1. Application of Acts and subordinate statutes of two copies of inquiries about foreign crimes and investigation records materials, report on the results of confirmation of dispositions and investigation records, investigation report (a copy of a summary order attached), and a copy of summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the punishment for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act was conducted twice the same kind of force as the reason for sentencing, the driving of a license without drinking is repeated again despite the fact that the driving of a license is conducted repeatedly, the driving of a license without drinking alcohol is extremely high, and the occurrence of traffic accidents, Defendant should be punished strictly.

In addition, the sentencing conditions shown in the records, such as the defendant's age, character and conduct, family environment, etc. shall be determined as ordered.