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(영문) 울산지방법원 2018.08.30 2018고단958

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 25, 2018, the Defendant, without a driver’s license, driven a D-wing truck from around 3km distance to the front road of the same city-gu, Ulsan National University located in Ulsan-gu without any alcohol level of 0.130%, while under the influence of alcohol during blood, to the extent that the Defendant driven a D-wing truck from around 3km distance to the front road of the same city-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

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

1. Where it is inevitable to sentence imprisonment with prison labor for an offense during the same kind of suspended sentence for which selective sentence of imprisonment is imposed;

However, the defendant does not commit a second offense against the defendant.

The sentence shall be sentenced to the lower limit of statutory penalty in consideration of all sentencing conditions, such as the defendant's age, family environment, etc.