beta
(영문) 울산지방법원 2016.10.06 2016고단2575

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for 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

On July 30, 2016, the Defendant, without obtaining a driver's license at around 05:50 on July 30, 2016, driven B 200 meters-meter car at the front of the 2nd road in front of the 2nd commercial parking lot in Ulsan-gu, Seoul-gu, the blood alcohol concentration of which is 0.157%.

Summary of Evidence

1. Defendant's legal statement;

1. To inquire about reports on the state of state of drinking drivers, and the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act seems to have reached six times the defendant's records of drinking driving under the influence of alcohol, but the drinking driving is deemed to be habitually against the defendant, and the records of drinking under the influence of alcohol for the last ten years are taken into account once;