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(영문) 울산지방법원 2020.08.19 2020고단2053

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and two 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 December 8, 2006, 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 4 million from the same court on December 27, 2013 to a fine for the same crime.

On April 20, 2020, at around 15:10, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol leveling 0.040%, without obtaining a driver’s license, at a section of about 2 km from the front side of Ulsan-gun, Ulsan-gun, to the front side of the Gu-U.S. B-dong, Ulsan-gun, Ulsan-gun, Ulsan-do, to the front side of the two-lane.

As a result, the defendant driving a cargo vehicle without obtaining a driver's license, and violated the drinking prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of two copies of criminal records, etc. inquiry report (A), investigation report (Attachment to a summary order), and summary order;

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

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

1. Selection of each sentence of imprisonment;

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

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

1. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents the crime; the defendant has the record of drunk driving three times; and the defendant's records, such as blood alcohol concentration and alcohol level, drinking and non-licenseed driving distance, age, character and conduct, environment, motive, means and consequence of the crime, shall be comprehensively taken into account;