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(영문) 울산지방법원 2013.07.11 2013고단401
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of three million won on March 25, 2008 by the Busan District Court for a violation of the Road Traffic Act, etc. On April 1, 2009, the Ulsan District Court sentenced the Defendant to a fine of three million won on July 23, 2010, and sentenced to a fine of seven million won on July 23, 2010 due to a violation of the Road Traffic Act (driving). On November 23, 2012, the same court sentenced the Defendant to a fine of ten months and a suspended sentence of two years on February 7, 2013.

【Criminal Facts】

At around 20:10 on December 17, 2012, the Defendant driven a c1 ton truck with blood alcohol level of 0.185% while under the influence of alcohol level at a restaurant parking lot of the Mansan-si in Yangsan-si.

As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

around 18:30 on December 17, 2012, the Defendant driven a c1 ton truck without obtaining a driver’s license on a four-lane section from the front side of the light industry machinery located in the city, Seonam-dong, Yangsan-si, Yangsan-si, to the cafeteria Ssamsan-dong parking lot located in the same Simsan-dong from the front side of the light industry machinery, to the 66-lane of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Registers of driver's licenses;

1. A written report from an employee of an employer;

1. Criminal records: Application of an inquiry inquiry report, such as criminal records, and pre-disposition, and reporting Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In depth under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

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