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(영문) 울산지방법원 2019.08.30 2019고단1382
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

[criminal power] On February 16, 201, the Defendant was issued a summary order of KRW 700,000 by the Ulsan District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million by the same court on December 20, 2017, respectively.

【Criminal Facts】

On April 6, 2019, at around 09:20, the Defendant driven Dsch Rexton vehicles with approximately 500 meters alcohol concentration of about 0.060% without vehicle driving license from the front of the Defendant’s residence in Ulsan-gu B to the front of the Crd in Ulsan-gu.

As a result, the defendant driving a motor vehicle without obtaining a driver's license and at the same time driving a motor vehicle under the influence of alcohol by violating Article 44 (1) of the Road Traffic Act not less than twice.

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. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Article 148-2 (1) 1 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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Probation, community service order and order to attend a lecture, despite the fact that there has been two times or more of the reasons for sentencing under Article 62-2 of the Criminal Act, they are punished for drinking driving.

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