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(영문) 울산지방법원 2018.10.05 2018고단580
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 28, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on June 26, 2016.

Criminal facts

[2018 Highest 580] On January 31, 2018, the Defendant driven a G EF rocketing car in the section of about 2km from the Gu D, located in Ulsan-gu C, to the front road located in the same Gu E, while under the influence of alcohol content of 0.147% without a vehicle driver’s license.

[2018 Highest 2036] On June 16, 2018, the Defendant driven a passenger vehicle with low alcohol level of 0.111% while under the influence of alcohol level of 0.11%, without a driver’s license, in the section of approximately 2 km from the front of K located in the south-gu, Ulsan-gu, U.S., Seoul, to the front of the first week.

Summary of Evidence

[2018 Highest 580]

1. The defendant's legal statement (as at the fourth date);

1. Statement of the defendant in the second public trial records;

1. Report on the occurrence of a traffic accident, a survey report on actual condition, inquiry into the results of crackdown on drinking driving, a statement report on the circumstances of a driver who is placed in driving, and the register of driver's licenses;

1. The defendant's legal statement (as at the fourth date);

1. Inquiry into the results of crackdown on the driving of alcohol, a statement on the circumstances of the driving driver, a ledger of driver's licenses, and a detailed statement of revocation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (Attachment of judgment, etc.);

1. Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licenseed driving) of the same Act (the prosecutor applied the indictment to the facts charged for driving alcohol in the case of 2036 high-speed 2018 high-speed 2036 high-speed 2036 high-speed 2018 high-speed 2036 high-speed 2036 high-speed 201 and Article 14(1) of the Road Traffic Act were charged under the relevant Act.

Article 148-2 (1) 1 of the Road Traffic Act provides that a person who has violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) on at least two occasions shall be again subject to the same Act.

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