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(영문) 울산지방법원 2018.09.14 2018고단1689

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal history] On March 23, 2007, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a crime of violating road traffic laws at the Ulsan District Court, etc., and was issued a summary order of KRW 5 million by the same court on December 16, 2015.

[2] On May 25, 2018, the Defendant driven C in the state of alcohol alcohol concentration of about 0.077% without obtaining a driver’s license from the section of the section of the section of 200 to the front road of the same east-gu, Ulsan-gu, Ulsan-do, where it is difficult to identify the trade name located in the Gangseo-gu, Ulsan-gu, Ulsan-do from May 25, 2018 to the front road of the same east-gu, 1544.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, once again, driven a motor vehicle while drunk in violation of Article 44(1) of the Road Traffic Act, while driving the motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is punished by the Defendant for drinking driving two or more times.