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(영문) 울산지방법원 2017.10.18 2017고단2257
도로교통법위반(음주운전)등
Text

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

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On June 2, 2009, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic laws at the Ulsan District Court, and on December 9, 2015, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of road traffic laws (driving), etc. at the same court.

1. On May 18, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a vehicle with C low-speed car owned by himself from around 1km to about 352, from the Do in front of the school place in Ulsan-gu, Ulsan-gu to the same Do in the same way as the Do in the same way, from around 1km to the road in front of 352.

2. On June 1, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a vehicle with C low-speed car from the day front of Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., U.S. to the road four-lanes in U.S., Ulsan-gu, U.S., U.S., under the influence of alcohol content of 0.096% in blood while under the influence of alcohol at around 13:20 on June 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without any license;

1. The ledger of driver's licenses of each motor vehicle;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Driving without a license under each relevant provision of the Road Traffic Act concerning the facts constituting an offense: Operation of alcohol at least three times at the option of imprisonment under Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and at least three times at the option of imprisonment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the option of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the period of both crimes is aggregated);

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. Article 48(1)1 of the Confiscation Criminal Code provides that the requirement of confiscation has been met, and there is no reason not to confiscate a vehicle even for social defense, in light of the criminal records of the defendant and the attitude of warning the law.

The reasons for sentencing are the same criminal records and traffic-related criminal records.

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