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(영문) 울산지방법원 2015.02.10 2013고단4035
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On September 3, 2003, the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspension of execution for a violation of the Road Traffic Act at the Ulsan District Court on September 15, 2005, imprisonment with prison labor for six months and two years of suspension of execution for a violation of the Road Traffic Act at the Ulsan District Court on May 10, 201, fine of four million won for a violation of the Road Traffic Act at the Ulsan District Court on May 22, 201, and imprisonment with prison labor for six months and two years of suspension of execution for a violation of the Road Traffic Act.

around 01:15 on January 7, 2012, the Defendant driven a B e-mail-type car under the influence of alcohol content of about 0.078% at a section of about 500 meters from the Ulsan-gu e-mail Dong to the Sungnam-dong Yang-dong, Ulsan-dong, Ulsan-gu.

On December 9, 2013, the Defendant, around 22:40 on December 9, 2013, driven C Leba car at the section of approximately 0.124% of alcohol without a driver’s license, while under the influence of alcohol, from the front day of viewing in Ulsan-gu New-dong, Ulsan-gu, Ulsan-gu to the lower day of the front day of the Ulsan-gu, Nam-gu, Seoul-gu, Seoul-gu, U.S., and then driving C Leba car without a driver’s license.

Therefore, even though the Defendant had a drinking power twice or more, he was driving a motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

"2013 Highest 4035"

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on detection of a host driver, a circumstantial report on a host driver, and a notice of completion of correction;

1. Inquiry into the enemy;

1. For previous convictions as indicated in judgment: Criminal records, each disposition and investigation report, investigation report (a copy of the past and final judgment attached), and investigation report (a copy of the judgment attached thereto);

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

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of sound driving) of the corresponding Act on the facts constituting a crime; and

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