logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.10.31 2019고단2646
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 22, 2012, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 2, 2012, and received a summary order of a fine of three million won for a violation of the Road Traffic Act (Free Driver's License) at the Ulsan District Court on July 18, 2017 and received a summary order of three hundred thousand won for the same crime.

On July 11, 2019, the Defendant driven a driver’s license on July 22:41, 2019, the Defendant, without obtaining a driver’s license, at approximately KRW 100 meters, with blood alcohol concentration of KRW 0.143% in the direction of the defense administration and welfare center located in Ulsan-dong-dong-dong-dong-dong defense zone from the end to the front road of the defense administration and welfare center located in Ulsan-dong-dong-dong-dong defense zone.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records and a list of related cases;

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense (to be punished by imprisonment with prison labor and a fine for a violation of the Road Traffic Act at the time of the market, respectively, for the crimes of violation of the Road Traffic Act);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had been punished for driving without a license for driving under the influence of alcohol, is again going to the crime of this case. On the other hand, the driving distance is relatively short, taking into account the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc., and the sentencing conditions indicated in the records, such as the defendant's age, occupation, character and behavior, family relation, living environment, circumstance leading to the crime, etc., the sentence like the order shall

arrow