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(영문) 울산지방법원 2020.11.12 2020고단201

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 6, 2016, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for the crime of violating the Road Traffic Act.

On November 21, 2019, at around 21:51, the Defendant driven DVL125 124C occ in the state of alcohol while under the influence of alcohol at approximately 2 km section from around the mountain beach located in Ulsan-dong, Ulsan-gu to the front road of the C cafeteria in B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. Violation of the Road Traffic Act (unlicensed Driving) was driven by the Defendant on the same date, time, and place as the above paragraph (1) without a driver’s license as DVL125 124 cc, as in the above paragraph (1).

Summary of Evidence

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes concerning criminal records and summary order;

1. Relevant provisions of Article 148-2 (1) and 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 the 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 punishment against the accused shall be determined in consideration of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the background leading up to drinking and driving without a license, blood alcohol concentration, driving distance, criminal punishment, the circumstances after the crime, etc.