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Reasons
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(영문) 울산지방법원 2019.05.16 2019고단733
도로교통법위반(음주운전)등
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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

1. On February 8, 2019, the Defendant driven a DNA rocketing car quantity without a vehicle driver’s license in the section of approximately one kilometer from the front of the Yangsan-si road to the front of the Yangsan-si road around February 22:20, 2019.

2. On February 19, 2019, the Defendant was under the influence of alcohol content of about 0.054% at a section of about 10 meters in the direction of G in the front of the Fju store located in Yangsan-si E from February 19, 2019 to the front of G in Yangsan-si, and driven a DNA rocketing car without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of driving sound), 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The fact that the reasons for sentencing under Article 62-2 of the Criminal Act, including the probation order, the order to attend a lecture, and the order to attend a community service order, are recognized and reflected in the facts charged, the blood alcohol concentration is low, and the fact that the criminal record is only once more favorable to the

On the other hand, there is a criminal record due to drinking driving, and from this case to February 8, 2019, the fact that the driving without a license was only controlled on February 19, 2019, and the fact that the driving without a license was regulated again on February 19, 2019 is disadvantageous to the defendant.

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