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(영문) 울산지방법원 2017.04.18 2017고단187
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Records of Crimes】 On September 23, 2015, the Defendant was sentenced to a fine of KRW 4 million by the Ulsan District Court on September 23, 2015 due to a violation of the Road Traffic Act (driving) and a violation of the Guarantee of Automobile Compensation, and a crime of violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) at the same court on April 10, 207.

【The Defendant driven a motor vehicle in B, the B, while under the influence of alcohol content of at least 0.076% without a motor vehicle’s license, from a section of approximately one kilometer from the Gu of Ulsan-gun, Ulsan-gun to the front route of the west High School located in the same Ri, Seogju-gun, Ulsan-gun, Seoul-do around January 11, 2017.

As a result, the Defendant, who had the history of violating the Road Traffic Act (drinking) more than twice, driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the offender's place, notification of the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, inquiry into the decision of the main office, statement of the situation of the driver in charge, making a tea inquiry, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and the order to attend a lecture, and driving without a license, are highly likely to be criticized in that the driver himself/herself, as well as the possibility of causing an accident and the risk of causing an accident, and the driver himself/herself, and the defendant is punished by a fine on March 16, 200, as a crime of violating the Road Traffic Act (toxicly Driving), a fine on December 17, 2002, and a crime of violating the Road Traffic Act (toxicly Driving).

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