beta
(영문) 울산지방법원 2013.10.25 2013고단2535

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 29, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on June 29, 2007, and a fine of four million won for a violation of the Road Traffic Act at the same court on December 3, 2010.

On May 12, 2013, at around 00:15, the Defendant driven a B-hurged vehicle with a blood alcohol content of at least 0.141% under the influence of alcohol without obtaining a driver’s license from the front day of the melting dump in the south-gu Seoul Metropolitan City, Ulsan-gu, to the front day of the same 1274-6th day of the same 1274-6th day.

As a result, the defendant, who has a breath alcohol driving force twice, was driving again without a driver's license.

On July 16, 2013, 2011, the Defendant driven a B-purd vehicle from the Do in front of the Ulsan District Prosecutors' Office in Ulsan-gu, Ulsan-si to the front of the Ulsan District Public Prosecutors' Office in the Nam-gu, Busan-gu, Busan-si, Seoul-si, without obtaining a driver's license at around 16:20 on July 16, 2013.

Summary of Evidence

"2013 Highest 2535"

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. C’s statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previouss before ruling: Criminal history records, etc. and investigation reports (a copy of summary order);

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation is that the defendant is attempting to commit a crime, and the probation of the defendant is suspended.