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(영문) 울산지방법원 2015.11.26 2015고단2334
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 January 6, 2012, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of the Road Traffic Act, etc. in the Southern District Court of the Jeonju on January 6, 2012. On September 13, 2013, the Defendant was sentenced to imprisonment for six months and one year of suspended execution at the Changwon District Court of the Republic of Korea on September 13, 2013.

On August 31, 2015, at around 00:05, the Defendant driven a B rocketing car with a blood alcohol content of about 0.097% without obtaining a vehicle driver’s license in a section of approximately 300 meters from the 19:09, Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, Seoul-do, and that was driving a vehicle with no automobile mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving, reports on the state of drinking driving, the register of driver's licenses, and mandatory insurance;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (Attachment to judgment, etc.) 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 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

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

1. The punishment as set forth in the Disposition is determined in consideration of the circumstances favorable to the following, even though the suspended sentence was previously sentenced due to drinking or unlicensed driving, as shown in the judgment of the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act, and the fact that it has been sentenced to punishment for drinking driving three times in total including the previous conviction in the judgment, and that it has been against the fact that it has been sentenced to punishment for drinking driving through a total of three times, such as the previous convictions,

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