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(영문) 울산지방법원 2015.04.17 2015고단188
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On September 6, 2007, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act in the Daegu District Court and racing support, etc., and was sentenced to a summary order of 5 million won for a fine of 5 million won at the Ulsan District Court on October 22, 2013.

【Criminal Facts】 On January 7, 2015, at around 22:01, the Defendant driven Bsch Rexroth car under the influence of alcohol concentration of 0.124% without obtaining a driver’s license from the front of the Sejong apartment site in the Nam-gu, Ulsan-do to the bankruptcy distance in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the circumstances of driving without a license and report on the circumstances of driving with a driving without a license;

1. An inquiry into driver's licenses and an inquiry into the enemy;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (verification of the same records as the suspect after 2006)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 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;

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

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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