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(영문) 울산지방법원 2018.08.16 2018고단1709
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 May 20, 2018, at around 20:30 on May 20, 2018, the Defendant driven a cub car in B with alcohol concentration of about 0.106% while under the influence of alcohol without obtaining a driver’s license from a 400-meter section from which it is impossible to identify the trade name in the vicinity of the city located in the city located in the city located in the city located in the city located in the city located in the city located in the city located in the city located in the city located in the Busan-gun, the

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. The reason for imposing selective sentence of imprisonment with prison labor is four times before and after the driving of drinking alcohol, among which the last conviction is the sentence of a fine sentenced on December 6, 2017.

Since the drinking driving is punished for a drinking driving, it has not been long, so the responsibility for the crime is heavy.

In consideration of the fact that the accused commits a crime, a punishment corresponding to the statutory minimum limit shall be imposed.

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