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(영문) 울산지방법원 2020.01.17 2019고단3565

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

[criminal power] On August 22, 2012, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court on the grounds of a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million by the same court on January 18, 2019, respectively.

【Criminal Facts】

On September 15, 2019, at around 21:00, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of about 0.116% without a vehicle driver's license from around the front of the C cafeteria located in Ulsan-gun, Ulsan-gun, to the Slives of the same west in the same military.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on confirmation of the same kind of records), and copies of each summary order applicable;

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

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. A motor vehicle without a driver's license under the influence of alcohol even though the probation, community service order, and order to attend a lecture had a record of punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act.