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(영문) 울산지방법원 2019.05.03 2018고단1183
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 16, 2007, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and on October 25 of the same year, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act. On November 1, 2017, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. On November 1, 2017, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act.

9. The above judgment becomes final and conclusive and is currently in the suspension of execution.

【Criminal Facts】

On March 13, 2018, the Defendant, without obtaining a driver’s license at around 22:40 on March 13, 2018, driven a B-learning car at a section of about 20 meters from the front side of the west-gu Park in the south-gu, Ulsan-gu, under the influence of alcohol level of 0.143%, to the front side of the Eastwest-gu.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Inquiry into the result of the crackdown on drinking driving;

1. An inquiry into the enemy and disqualifications;

1. Previous convictions: Criminal records, investigation reports (reports on attachment of the same case of a suspect), respective judgments, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. The crime of this case on the ground of the sentencing of selective imprisonment with prison labor is a vehicle driving by the defendant while under the influence of alcohol without driver's license at night.

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