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(영문) 울산지방법원 2020.02.06 2019고단3770
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

1. On October 19, 2007, the Defendant received a summary order of a fine of two million won or more for a crime of violating the Road Traffic Act at the Ulsan District Court on the same day, and on July 1, 2015, the Defendant received a summary order of three million won or more for the same crime at the same court.

Nevertheless, at around 14:20 on September 20, 2019, the Defendant driven an Epoter cargo vehicle under the influence of alcohol leveling 0.080% from around 800 meters away from the front of a restaurant located in Ulsan-gu B to D front roads.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

2. The Defendant violated the Road Traffic Act (unlicensed driving) and driven the E-mail vehicle at the time and place specified in paragraph (1) without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Automobile license ledger;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order of the same attached power), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though there was a history of punishment for Defendant's non-exclusive driving for the reason of sentencing, the crime of this case is committed again, while the fact that Defendant and Defendant's wife cancer and chronic kidney diseases, etc. are suffering from the Defendant's and Defendant's workplace cancer and chronic kidney, etc., the fact that the vehicle was disposed of, the Defendant's age, occupation, character, character and conduct, family relationship, living environment, circumstances leading to the crime, etc., the sentence like the order shall be determined by taking into account the following factors: the execution thereof shall be suspended and the order to attend

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