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(영문) 울산지방법원 2019.10.25 2019고단1977
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 May 14, 2019, at around 23:35, the Defendant driven a F Poter truck with a blood alcohol concentration of about 0.154% while under the influence of alcohol without obtaining a driver’s license from the front side of Ulsan-gu B to the front side of “E” located in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is that the defendant drives a vehicle while under the influence of alcohol without a driver's license, and the crime of this case is not good, and the defendant's blood alcohol concentration level at that time is high, and the vehicle driver's license was revoked on or around May 2018 due to the previous drunk driving, and the crime of this case is not less complicated and the liability for the crime is not easy, despite the recent history of punishment for the same kind of drunk driving, even though there was no possibility of criticism, etc., that the defendant committed the crime of this case, which is disadvantageous to the defendant, is recognized by all of his criminal acts, and is against the depth, and the risk of traffic accident is not realized due to the crime of this case, and around May 2018.

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