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(영문) 울산지방법원 2020.01.09 2019고단3420
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

On November 25, 2014, the Defendant issued a summary order of a fine of KRW 5 million at the Ulsan District Court for a violation of the Road Traffic Act.

On August 18, 2019, the Defendant, without obtaining a driver’s license on a motor vehicle on August 22 and 47, 2019, driven an E rocketing car from approximately 100 meters away from the roads near Ulsan-gu building B to the front road of the D Hospital located in C, under the influence of alcohol content of 0.105%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Automobile license ledger;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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

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

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that community service and lecture attendance order had been subject to punishment for driving without a license for drinking alcohol; (b) the fact that the person committed the instant crime is divided after the commission of the crime; (c) the driving distance is relatively short; (d) the fact that the parents are supporting the same parents; and (e) other conditions of sentencing as indicated in the record, such as the Defendant’s age, occupation, character and behavior, family relationship, living environment, circumstances leading to the commission of the crime; and (e) the sentence as indicated in the record, such as the circumstances after the commission of the crime, shall be determined by taking account

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