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(영문) 울산지방법원 2015.10.29 2015고단1931

도로교통법위반(음주운전)등

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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 became final and conclusive.

Reasons

Punishment of the crime

On August 14, 2009, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act on May 27, 2015.

On June 28, 2015, at around 07:13, the Defendant driven a B low-speed car with a blood alcohol concentration of at least 0.158%, without obtaining a driver’s license, from around 14:00 to about 11:5-3, Ulsan-dong, Ulsan-gu, 14:00,000 to about 5:00,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the statement of the situation of a drinking driver, and written report on the control of drinking driving;

1. A report on the occurrence of a traffic accident, a field map of a traffic accident, and a actual survey report;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of imprisonment with prison labor;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is only one month after the defendant was issued a summary order due to drunk driving, the fact that the defendant was engaged in driving without a license for drinking alcohol, the high drinking level of drinking alcohol, and the fact that there are several records of violation of the Road Traffic Act are disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the fact that there is no record of the suspension of execution or more, and the fact that the defendant does not repeat the crime by selling a vehicle, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstances of the crime in this case, the distance