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(영문) 울산지방법원 2020.02.13 2019고단4181
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 30, 2012, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on March 29, 2016, and was issued a summary order of a fine of one million won for the same crime in the same court on March 29, 2016, and on April 11, 2019, the Defendant was sentenced to two years of suspension of execution for one year of imprisonment with prison labor for the same crime at the same court on April 19, 2019 and the said judgment became final and conclusive on April 19, 2019.

【Criminal Facts】

On August 27, 2019, at around 02:25, the Defendant driven a Frentop car in the state of alcohol alcohol concentration of about 0.061% without a vehicle driver's license from the front road in Ulsan-gu B to the front road of the E new store in the same Gu D.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle at the same time without a driver's license.

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 records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant laws concerning criminal facts, Articles 148-2 (1), 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime (including re-offending during the suspension of the execution of the same kind of punishment, and the occurrence of accidents, etc.);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness and the degree of discretionary mitigation);

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