logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.08.28 2014고단1406
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 25, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Gunsan Branch of the Jeonju District Court on March 25, 201, and a summary order of KRW 6 million as a fine by the Ulsan District Court on March 11, 2013.

On April 29, 2014, at around 21:45, the Defendant driven a C Costaex driver with approximately KRW 1km distance from the front road of Ulsan-gu B to the front road of the 2nd century, which is located in the same Gu, without a car driver’s license, while under the influence of alcohol content of about 0.083%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of the statutes on the register of driver's licenses;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

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. In light of the same situation as the vehicle at the time of drinking or non-licensed driving in 2009 and 2012 and the vehicle at the time of the detection of a driver's license, etc., the defendant is deemed to have been continuously driving, and thus, he/she selects a sentence of imprisonment in light of the following: Provided, That it is deemed that the risk of repeating a sentence is reasonable to postpone the execution of a sentence by taking into account the fact that the defendant's fault is seriously against the mistake and there is no criminal record in addition to the fine, etc., the order to provide community service and the order to attend a compliance driving lecture is added for a considerable period of time.

arrow