beta
(영문) 울산지방법원 2017.12.21 2017고단3948

도로교통법위반(음주운전)등

Text

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

Criminal facts

On November 23, 201, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on November 4, 2015, by the same court on November 23, 201, a fine of KRW 5 million from a violation of the Road Traffic Act.

On November 5, 2017, the Defendant driven a CNS car without obtaining a driver’s license in the state of alcohol concentration of about 0.066% from the section of approximately 6km to the front road of the city center in front of the city center in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, in the middle of the 39-ro of the city center in Ulsan-do, Seoyang-gu, Ulsan-do, Seoul-do, Seoul-do, and without obtaining a driver’s license in the state of under the influence of alcohol concentration of about 0.06%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition, on-site photographs, a report on the detection of the main driver, a tea inquiry, the ledger of driver's licenses, estimates, and written agreements;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;