logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.05.07 2019고단107
도로교통법위반(음주운전)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

On December 18, 2018, at around 05:35, the Defendant driven a DNA car under the influence of alcohol by 0.167% without obtaining a driver’s license from the front line of the main place where it is impossible to identify the trade name in Ulsan-dong, Ulsan-dong, U.S., Mangsan-dong to the front line of the “C” located in the same Gu B, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Each investigation report (the sequence 15, 16 of the evidence list);

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 4, 17);

1. Relevant provisions of Article 148-2 (2) 2, 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. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures is that the Defendant paid a traffic accident while driving a motor vehicle while under the influence of alcohol without a driver’s license, and the nature and circumstances of the crime are not good. Prior to the revocation of a driver’s license on April 2018 due to a drunk driving, a motor vehicle was inevitably driven even though the driver’s license was revoked on or around April 2018. The fact that the blood alcohol concentration level at the time was high and the liability for the crime is not less weak, even though there was the history of punishment for the same crime, and the possibility of criticism is not small.

arrow