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(영문) 울산지방법원 2020.12.03 2020고단3795
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 January 21, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine for a violation of the Road Traffic Act from the Cheongju District Court’s Chungcheong Branch on July 9, 2019.

On August 8, 2020, the Defendant, without obtaining a driver’s license at around 23:40 on August 23:40, 202, driven a dump vehicle from the C parking lot located in Seosan-si B to the 170 km away from the G parking lot located in Seosan-si, Kimcheon-si, Kimcheon-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the register of driver's licenses, and the circumstantial statement of the driver;

1. Investigation report (investigation of the suspect's past record of the crackdown on drinking driving after June 1, 2006), criminal record records, and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, 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. The punishment as ordered shall be determined by taking into consideration all the circumstances revealed in the records, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime;

Unfavorable circumstances: The fact that there are three times before drinking and three times before drinking, the circumstances favorable to the driving of a considerable distance on an expressway: one's mistake is recognized and reflected, the drinking and drinking are low, and there is no previous conviction exceeding the fine.

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