logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.05.29 2014고단405
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 January 15, 2007, the defendant issued a summary order of a fine of two million won by the Ulsan District Court for the violation of the Road Traffic Act (driving) at the Ulsan District Court on November 15, 2007, and on November 8, 2013, in addition to being notified of a summary order of a fine of two million won by the same court as the same crime, the defendant was punished for the violation of the Road Traffic Act (driving) or for the violation of the Road Traffic Act (Driving without a license) more than four times.

【Criminal Facts】

On January 25, 2014, at around 22:35, the Defendant, without a car driver’s license, driven a B-low vehicle while under the influence of alcohol content of approximately 0.060% in a 1km section from the front Do to the front Do road of Ireland located in the same Dong and Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses, and car4;

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

1. Inquiries, references to dispositions, undispositions, reports on the results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders for the same type of crime);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. Even though the defendant had seven criminal records of the same kind of crime, the possibility of criticism is high and the responsibility for the crime of this case is not minor, even though probation, community service, or lecture attendance order Article 62-2 of the Criminal Act has been imposed.

However, the punishment shall be determined as ordered by taking into account the fact that the mistake is recognized and the drinking water is not high, and all the circumstances shown in the record.

arrow