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(영문) 울산지방법원 2020.01.23 2019고단3821
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On June 23, 201, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch's branch branch's order on September 21, 201, and a summary order of KRW 4 million for the same crime at the Ulsan District Court's District Court's same on September 21, 201.

【Criminal Facts】

On September 29, 2019, at around 07:58, the Defendant driven Cho-do car in a drunken state with a blood alcohol concentration of about 0.045% without a car driver’s license from around the road of Ulsan-gu B building to the industrial tower, Nam-gu, Ulsan-gu, Busan-ro, Industrial Organization.

As a result, the Defendant driven a motor vehicle without a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes concerning criminal records, US records and results confirmation;

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 imprisonment with prison labor chosen (two-time before and after sound driving, and non-license);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into account that the degree of detention is not serious);

1. Social service order under Article 62-2 of the Criminal Act;

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