beta
(영문) 울산지방법원 2016.09.08 2016고단1797

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

[Criminal Power] On January 15, 2010, the Defendant received a fine of two million won for a violation of the Road Traffic Act (driving) from the Ulsan District Court, and on November 11, 2014, a fine of six million won was imposed from the Busan District Court’s Dong Branch to the same crime.

【Criminal Facts】

On April 30, 2016, the Defendant, despite the foregoing two or more occasions of driving skills, driven B-on cars from around 3 km to the front road of the Central Hospital, at approximately 59 meters from the Do in the Pusan-si in the Pusan-si in Yangsan-si without obtaining a driver’s license on April 21, 2016, while under the influence of alcohol at least 0.147%.

Summary of Evidence

1. Defendant's legal statement;

1. To inquire about reports on the state of state of drinking drivers, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, court rulings, and application of summary orders under Acts and subordinate statutes;

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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

Article 40 or 50 (Selection of Imprisonment)

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act shall be applied to the cases where the person is under the influence of alcohol driving

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