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(영문) 울산지방법원 2019.05.16 2019고단553

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 January 16, 2019, the Defendant, without obtaining a driver’s license for a motor vehicle on January 16, 2019, driven a E-Poter vehicle from the road near Ulsan-gu B, Ulsan-gu, with a blood alcohol concentration of 0.053%, to the road near the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

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 of the Order to provide community service and attend a lecture can be seen as having been subject to punishment for the driving without a license of the defendant, but it again leads to the crime of this case. On the other hand, the degree of drinking is relatively minor, and the sentencing conditions on the records such as the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc. are considered, and the execution of the sentence is suspended, and community service and attending a lecture are to be ordered.