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(영문) 울산지방법원 2020.07.23 2020고단1735

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2020, the Defendant filed a summary order of KRW 5 million with the Ulsan District Court for the charge of violating the Road Traffic Act.

On May 7, 2020, the Ulsan District Court issued a summary order of KRW 5 million.

On April 10, 2020, at around 01:55, the Defendant driven E business cars under the influence of alcohol concentration of about 0.034% without obtaining a driver's license from approximately 3.5km section to D road in Ulsan-gu, Ulsan-gu, Seoul-do.

Accordingly, the defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Written indictment (No. 3905 of the Ulsan District Prosecutors' Office, 2020) (No. 3905);

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of repeatedly violating the Regulations on Prohibition of Drinking Driving in order to prevent risks to the lives and bodies of the people to occur due to drinking driving, and to establish traffic order, needs to be punished strictly; the defendant, even though he was discovered by drinking driving on January 16, 202, has been driving again again for only three months, and the person, who was temporarily parked on the road while driving under the influence of drinking driving in this case, is deemed to have caused dangers to road traffic on the wind: The fact that his mistake is recognized and against himself, the amount of drinking water is low, and the crime in this case is committed before the crime in this case.