(영문) 울산지방법원 2014.02.20 2013고단3806

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Reasons

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(영문) 울산지방법원 2014.02.20 2013고단3806

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 January 9, 2009, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act by the Ulsan District Court, and on July 27, 2012, the Defendant was sentenced to a summary order of a fine of six million won for a violation of the Road Traffic Act by the same court.

On November 08, 2013, at around 23:24, the Defendant, without a driver’s license, driven a BF car at a distance of about 100 meters up to the front road of the 1484-16th, Ulsan-gu, Ulsan-gu, Seoul-do, the 1484-16th day of the same roof-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act and subparagraphs 1 and 43 of Article 152 of the same Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 sentencing ground of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is as follows: (a) considering the fact that the number of drinking alcohol is not significantly high; and (b) the driving distance was short, the risk of recidivism is recognized in light of circumstances leading to the suspension of the execution of sentence and criminal records, etc.; and (c) probation and order to attend a lecture is added to the probation and compliance driving lecture, given that it is difficult to view that the circumstances leading up to the suspension of the execution of sentence and the fact that the driving distance was short; and

참조조문

-도로교통법

-도로교통법 제43조

-도로교통법 제148조의2 제1항 제1호

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