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(영문) 울산지방법원 2020.04.09 2019고단4414

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to a summary order of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act; on July 11, 2018, the Defendant was sentenced to a summary order of KRW 2.5 million by the same court as the same crime; on January 17, 2019, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for the same crime.

On October 20, 2019, at around 05:03, the Defendant driven a C Ors car with a blood alcohol concentration of about 0.131% without obtaining a driver’s license from the front of the Ulsan Jung-gu B market to the innovation city street front of the innovation city located in the same north-dong.

As a result, the defendant violated the regulations prohibiting drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same criminal records);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation recognizes and reflects his mistake, and the fact that the defendant raises two children neglected, under favorable circumstances, the defendant has been punished three times due to drunk driving and one time due to unlicensed driving, and not only once due to the suspension of execution due to drunk driving, but also during the suspension period due to the instant crime. In addition, the fact that the blood alcohol concentration level is relatively high at the time of the instant crime, and the fact that physical damage has occurred due to traffic accidents are considered to be disadvantageous circumstances, and the records are recorded, such as the defendant's age, character and behavior, environment, and circumstances after the instant crime.