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(영문) 울산지방법원 2020.02.13 2019고단3628

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 March 17, 2008, the Defendant received a summary order of two million won or more as a crime of violating the Road Traffic Act from the Ulsan District Court.

Nevertheless, on August 16, 2019, at around 23:38, the Defendant driven a Clearning car under the influence of alcohol leveling 0.074% without a car driver’s license on the section of approximately 1.8 km from the road in front of the road parking lot in Ulsan-gu B market, Ulsan-gu to the road above the road in the same Gu.

Accordingly, the Defendant, while under the influence of alcohol, was driving a motor vehicle more than twice, and driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);

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 alternative imprisonment with prison labor (in consideration of the fact that the driver is a driver before and after the driving of sound driving);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the reflection of gender, health status, etc.);

1. Social service order under Article 62-2 of the Criminal Act;