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(영문) 울산지방법원 2020.08.12 2019고단3579

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and four 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 December 7, 2018, the Defendant issued a summary order of KRW 4 million to the Ulsan District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million to the Ulsan District Court on September 26, 2019 for a violation of the Road Traffic Act.

On August 16, 2019, at around 23:30, the Defendant driven a FIsta car in the state of alcohol alcohol concentration of about 0.205% without a vehicle driver's license from the front of the C Bank located in Ulsan Northern-gu B to the front road of the screened golf driving range D.

Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act more than twice, and simultaneously drives a vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving (3) and the circumstantial statement of the drinking-driving driver;

1. Registers of driver's licenses;

1. A statement of criminal history records, investigation reports (verification of previous records of the same kind), one copy of the summary order, investigation reports (verification of the facts in the summary judgment), and the application of Acts and subordinate statutes attached to a bill of indictment;

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: (a) Defendant confessions the instant crime and repents the instant crime; (b) Defendant has a history of drinking driving twice a fine; (c) Defendant did not cause any additional damage, such as traffic accidents due to drinking or non-licensed driving; and (d) other circumstances indicated in the records, such as blood alcohol concentration level, drinking and non-licensed driving distance, age, character and behavior, environment, motive, means, and consequence of the instant crime.