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(영문) 울산지방법원 2015.05.21 2015고단769

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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, at the Ulsan District Court on October 30, 2008, has been sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 1, 2009, three million won for a violation of the Road Traffic Act (driving), etc. at the same court on April 1, 2009, and six million won for a violation of the Road Traffic Act (driving) at the same court on January 28, 2014, respectively.

On February 13, 2015, the Defendant, without obtaining a driver’s license at around 02:50 on February 13, 2015, driven B 50 meters car from the street room in front of the mutual influence office in Ulsan Nam-gu, and from the street room in front of the mutual influence office in Ulsan-gu, to the street room in front of 575-7.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, as a person who violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The register of driver's licenses for tea and cars;

1. Application of three copies of the statement on criminal records, etc. inquiry, investigation report (Attachment of a copy of the summary order), and copy of the summary order;

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. In light of the fact that probation and community service order had many records of the same kind of punishment for sentencing under Article 62-2 of the Criminal Act and repeated driving of a license without drinking alcohol, a large amount of drinking alcohol and causing traffic accidents, etc., the defendant should be punished strictly. However, the defendant should be punished strictly. However, the fact that wrong is recognized and contradictory, the fact that there is no record of crime other than fines, and the sentencing conditions stated in the records, such as the defendant's age, character and behavior, family environment, etc., are all considered