beta
(영문) 울산지방법원 2017.11.22 2017고단3307

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2011, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on March 2, 2017, the same court issued a summary order of KRW 3 million for the same crime, etc.

1. On August 6, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) on or around August 6, 2017, the Defendant again violated the Road Traffic Act by driving a C in the form of alcohol while under the influence of alcohol at least 0.130% of alcohol while driving a vehicle with a alcohol level of 0.130%, without obtaining a driver’s license in the section of about 300 meters from the road front of a sea-bed 199, Nam-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, to the modern commercial street road in Ulsan-gu.

2. 2017. 8. 11. 경 도로 교통법위반( 음주 운전), 도로 교통법위반( 무면허 운전) 피고인은 2017. 8. 11. 00:35 경 울산 남구 왕 생로에 있는 금강산 삼계탕 맞은편 도로에서부터 울산 남구 왕 생로 75에 있는 복 돈이 푸줏간 앞 도로에 이르기까지 약 15m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.148% 의 술에 취한 상태로 C 체어 맨 승용차를 운전하여 음주 운전으로 2회 이상도로 교통법을 위반한 사람으로서 다시 음주 운전으로 도로 교통법을 위반하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving under the influence of alcohol not less than three times each Article of the relevant Act on criminal facts: Operation without a license under Articles 148-2 (1) 1 and 44 (1) of the Traffic Act on each Road: Article 152 subparagraph 1 and Article 43 of the Traffic Act on each Road;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 Section 1.1.1.1 of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows).