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(영문) 울산지방법원 2018.06.12 2018고단752

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment with prison labor for six months;

2. Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 31, 2007, the Defendant was issued a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on January 31, 2007, and KRW 6 million as a crime of the same offense at the Incheon District Court on May 23, 2016.

On February 11, 2018, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.145% without obtaining a driver’s license from the front side of “construction of Posco” located in the 200-ro, Seogsan-gu, Ulsan-si, Busan-do, Busan-do, to the front side of the police station located in the Taedo-dong, Busan-do., Busan-do., the Defendant driven B Poston car under the influence of alcohol concentration of about 0.145% without obtaining a driver’s license.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, once again, driven a motor vehicle while under the influence of alcohol 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. Inquiry into the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the driver's license register;

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

1. Article 148-2 (1) 1, Article 44 (1) of the relevant Act concerning a crime, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning a crime;

2. Abnormal concurrence, Articles 40 and 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment.

3. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following conditions in favor of the reasons for sentencing shall be considered).

4. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances required for sentencing as follows).

1. The conditions favorable to the defendant shall be as follows:

There is no criminal history of imprisonment without prison labor or heavier.

2. The circumstances disadvantageous to the defendant shall be as follows:

The level of alcohol is very serious.

Despite the history of punishment several times for the same crime, the crime of this case has been committed.

3. We agree with the above circumstances of the defendant.