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(영문) 울산지방법원 2012.12.28 2012고합504

도로교통법위반(무면허운전)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 17:00 on November 15, 2012, the Defendant, without a driver’s license, driven Calba while under the influence of alcohol with approximately 10 km alcohol concentration of about 0.246% from the front to the front road of the entrance of the Calba-gun, Ulsan-gun, the Calba, at the same time, at a level of alcohol alcohol concentration of about 10 km from the front road to the front road of the entrance of the Calba-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on actual status survey;

1. Registers of driver's licenses;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, etc., and Article 59 of the Act on Probation, Etc., the current Road Traffic Act, which has strengthened the punishment according to the blood alcohol level for the purpose of preventing drunk driving and overcoming the awareness of light condition, the Defendant, despite the fact that he/she had been punished three times due to drunk driving, was driving without a license in this case; the blood alcohol level at the time was 0.246%; and the risk of drunk driving has been realized due to the occurrence of the traffic accident caused by the above driving.

However, considering the fact that the defendant made a confession of his/her crime and the fact that he/she has a large number of accidents that occur while driving alcohol, etc. in favor of the defendant, the sentencing shown in the records, such as age, character and conduct, intelligence and environment, means and result, etc.