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(영문) 울산지방법원 2020.01.30 2019고단2871
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 18, 201, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Ulsan District Court on May 18, 201; on October 14, 2011, a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act; on May 14, 2013, the same court issued a summary order of KRW 7 million by a fine for a violation of the Road Traffic Act; on December 17, 2015, the same court was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving). On February 22, 2018, the same court was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act.

On June 28, 2019, the Defendant driven a D car under the influence of alcohol content 0.160% without a vehicle driver’s license in the 50-meter section near the “C” road located in Ulsan-gu B, Ulsan-gu. Around June 28, 2019.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing and statement, and the register of driver's licenses;

1. Previous convictions: Criminal records, written judgments, and application of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Recognizing the facts charged for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and having recently married, and having the wife scheduled to give birth around May 2020, the circumstances should be considered for the defendant.

On the other hand, the fact that blood alcohol concentration is high, 6 times before and after drinking driving, 4 times before and after driving without a license, and the fact that it is a crime during the suspension period is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.

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