logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.01.17 2019고단3046
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

[criminal power] On June 27, 2018, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 6 million by the same court on December 7, 2018, respectively.

【Criminal Facts】

On July 12, 2019, at around 00:40, the Defendant driven a F SP car in the state of alcohol alcohol concentration of about 0.20% without a driver’s license on a section of about 300 meters from the front of convenience store C in Yangsan City B to the front of E in the same city D.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated Article 44 (1) or (2) 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. Making an inquiry and making an inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and copies of each summary order issued under statutes;

1. Relevant provisions of subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43, 148-2 (1), and 44 (1) and (2) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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. A motor vehicle without a driver's license while under the influence of alcohol even though the person had been punished for drinking prior to the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.

arrow