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(영문) 울산지방법원 2019.07.25 2019고단1758
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant is a person who was sentenced to a fine of 2.5 million won on June 10, 2010 to a fine of 2.5 million won for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's Busan District Court's order on June 10, 201, and was sentenced to a fine of 5 million won on April 17, 201 for the same crime at the Ulsan District Court's Busan District Court'

At around 23:40 on May 12, 2019, the Defendant driven D SM7 car without a car driver's license, while under the influence of alcohol concentration of about 0.083% at a section of about 10 kilometers before the entrance of the lux road located in Yangsan-si, Yangsan-si.

2. No driver of any motor vehicle that violates the Road Traffic Act shall threaten or endanger any other person, or cause any danger to traffic, by continuing to engage in any such act as a violation of signal, or by repeatedly committing one act;

The Defendant, at the same time and place, failed to comply with the police officer’s crackdown on drinking driving, and escaped about 10 kilometers by driving the said vehicle, and repeated act of driving in distress, such as three times in violation of signal, four times in central collision, etc., led to danger to traffic to unspecified persons and many vehicles, and caused danger.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the state of abnormal driving;

1. Photographss;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Registers of driver's licenses;

1. The suspect A’s scambling scambling photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201); Article 151-2 and Article 46-3 Subparag. 1 of the Road Traffic Act for criminal facts.

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