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(영문) 울산지방법원 2015.09.17 2015고단1992
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 August 29, 2008, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch Branch, and on August 21, 2014, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch, and on July 1, 2015, the Defendant was sentenced to imprisonment of KRW 6 months with prison labor for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Dong Branch, and on July 9, 2015, the judgment became final and conclusive on July 9, 2015.

On August 1, 2015, at around 04:03, the Defendant driven a G-burged car without a driver’s license, while under the influence of alcohol 0.104% of the blood alcohol content without a driver’s license, from around 4km to “F,” which is the Defendant’s residence in Ulsanbuk-gu, U.S. E.

Accordingly, the Defendant, as seen above, driven a motor vehicle without a driver's license while under influence of alcohol, even though he had a history of drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Statement of the results of the drinking driving control;

1. Report on the state of state of state of driving, report on the state of state of state of driving without a license, and report on the state of state of state of driving without license;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, repeated statements, copies of each judgment, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that there are several kinds of criminal records for the defendant, the fact that the defendant again committed the instant crime during the suspended execution period for the same kind of crime, and that the blood alcohol concentration is somewhat high is disadvantageous to the defendant.

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