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(영문) 울산지방법원 2015.05.14 2015고단221

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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 November 11, 2008, the Defendant issued a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court on November 11, 2008, and on May 24, 2012, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act in the support of the Changwon District Court on May 24, 201, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act.

On December 25, 2014, at around 23:10 on December 25, 2014, the Defendant driven B car-type vehicles from approximately two kilometers in approximately two kilometers to the same Eup/Myeonnyang-gun, Ulsan Metropolitan City, Ulsan Metropolitan City, with a blood alcohol concentration of 0.143% under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and report on the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, a copy of each summary order, and the application of 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;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has four times the criminal records of the same kind, such as drunk driving, etc., and that the drinking water is relatively high is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the fact that there are no criminal records other than the criminal records such as the above drinking driving, and there are no criminal records beyond the suspension of execution, the punishment as ordered shall be determined in consideration of the defendant's age, character and behavior, environment, and the various sentencing conditions shown in the argument of this case

Since it is recognized that the risk of recidivism is reasonable, an order to attend a law-abiding lecture is added.