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(영문) 울산지방법원 2019.10.02 2019고단2183
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 10, 2018, the Defendant was prosecuted to the Ulsan District Court for a violation of the Road Traffic Act (driving), etc., and was prosecuted to the Ulsan District Court on March 8, 2019 as a crime of violating the Road Traffic Act (driving), and the above case was consolidated, and the prosecutor appealeded for two years of suspended sentence in October on June 5, 2019 and filed an appeal with the Ulsan District Court for two years of suspended sentence.

On May 21, 2019, at around 21:20, the Defendant driven B 2 cargo vehicles with approximately approximately 100 meters alcohol concentration 0.155% without a vehicle driver’s license in the section of approximately 100 meters from the Do near the mutually unclaimed restaurant in Ulsan-gu to the O market in Ulsan-gu.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven the above 2 cargo vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records before and after judgment: Criminal history records, probationary records, results of confirmation of the absence of disposition, judgment, list of related cases, application of Acts and subordinate statutes on the screen of search of Supreme Court-Na case;

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant is found to have led to the confession of the crime of this case and has been repented, but the defendant is not well aware of the fact that he commits the crime of this case due to drinking, driving without a license, etc., but commits the crime of this case again without being able to do so due to driving under influence, driving without a license, etc., and the character of the crime of this case is very poor, and it is not visible that

Otherwise, the blood alcohol concentration, drinking, and non-license of the defendant at the time of the defendant.

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