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(영문) 울산지방법원 2019.08.21 2019고단1601

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for 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

The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on April 1, 2009, and was sentenced to a fine of four million won for the same crime in the same court on July 20, 2016.

On April 27, 2019, at around 06:45, the Defendant driven a Cpoter cargo vehicle without a driver’s license, in a section of approximately 8 km of blood alcohol concentration at a section of approximately 0.061% in front of the right-hand road in Ulsan-gu, Ulsan-gun, U.S., Seo-gu, U.S. P. P.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

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 education order under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents the crime of this case; the defendant has three records of punishment for the same kind of crime; the defendant has been punished for the same crime; the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and all the records, such as the blood alcohol concentration and drinking distance at the time; the defendant's age, character and behavior, the environment, motive, means and consequence of the crime;