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(영문) 울산지방법원 2013.09.27 2013고단2511

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

At around 22:40 on July 5, 2013, the Defendant driven BM520 taxi without a driver’s license, while under the influence of alcohol 0.091% of alcohol alcohol level, from a 100-meter section from the Do in the site located in the water-Eup in Yangsan-si to the front road of the “Yinjin-gu Apartment apartment” located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the actual state of drinking drivers;

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

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again repeats the same kind of crime despite the fact that he had been punished five times due to drunk driving or unlicensed driving, and the current Road Traffic Act provides that the person who has violated the prohibition of drunk driving at least two times or the person who has violated the prohibition of drunk driving is more than 0.2% of the blood algo concentration, which is disadvantageous to the defendant.

The punishment as ordered shall be determined in consideration of various conditions of sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., where the defendant is dead and reflects the crime, where the defendant has no record of crime subject to suspended execution or more.