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(영문) 울산지방법원 2020.02.12 2019고단4027
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 13:50 on September 23, 2019, the Defendant driven a c-registered 100 Oral c-c-bec-bec-bec-be without obtaining a motorcycle driver's license from approximately 1.2 km to the front road from Yangsan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents the crime; the defendant's history of drinking driving is two times or three times, but there is no criminal penalty force exceeding the fine, and the defendant has no criminal records of punishment; and the defendant's overall records such as blood alcohol concentration and alcohol level at the time of the crime, the age, character and conduct, the distance of drinking and non-licensed driving, the character and conduct, the environment, motive, means and consequence of the crime, etc. shall be comprehensively taken into account all the circumstances

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