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(영문) 울산지방법원 2017.09.25 2017고단2068

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 10, 2008, the Defendant received a summary order of KRW 2,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Ulsan District Court to a fine for the same crime on January 13, 2016, respectively.

On May 24, 2017, around 05:50 on May 24, 2017, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.215% without obtaining a driver’s license from around the trigram legal security center located in the Busan Seo-gu Clock, to the Intersection located in the same city-dong hot spring zone.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

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

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The point that confession is made and the depth is reflected;

1. Unfavorable circumstances: The fact that alcohol concentration in blood is significantly high, the fact that a person continues to drive alcohol despite repeated punishment, and the fact that a person before driving alcohol exceeds once even in addition to the previous conviction in the judgment;