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(영문) 울산지방법원 2015.11.19 2015고단2547

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

Punishment of the crime

[criminal power] On July 6, 2012, the Defendant received a summary order of KRW 5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, etc., and on May 22, 2015, the same court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on October 7, 2015, at around 23:30, the Defendant driven BMW car under the influence of 0.133% of blood alcohol concentration without obtaining a driver’s license from around about 4km section from around the restaurant located in Ulsan-gun, Ulsan-gun to the road in front of the same Eup in the front of the front of the fluoran apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of a driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses, chassiss and investigation reports (on places where departure is made);

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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 and community service order Article 62-2 of the Criminal Act, considering the fact that even though many people of the same kind of experience in sentencing have again repeated driving of drinking without a license, Defendant should be punished strictly, but the fact that mistake is recognized, the fact that there is no previous conviction exceeding fines, the fact that there is no social relation, and other conditions of sentencing as shown in the records, such as Defendant’s age, character, conduct and family environment, shall be determined as ordered by taking into account the following factors