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(영문) 울산지방법원 2017.11.22 2017고단3186
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2011, the Defendant issued a summary order of KRW 1 million on August 26, 201, which was sentenced to a fine of KRW 4 million by the same court as the same offense, in the same court.

On July 14, 2016, the Defendant driven B Poter Cargo with approximately 0.104% alcohol content at a section of approximately 2km from blood alcohol level on the front road of the terminal sea station located in Ulsan-gu, Busan-do, Busan-do, without obtaining a driver's license for a motor vehicle on July 14, 2016 to the front road of the same month.

As a result, the Defendant again driven the said car while under the influence of alcohol, as a person who violated the prohibition of drinking twice or more.

On September 16, 2017, the Defendant driven a CPoter car at a section of about 12 km to the point of 295 km on the Cheongju-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Operation without a license under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

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. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. An order to attend a lecture is a normal confession favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, and the interval between the driving without a license for drinking alcohol under Article 3186 of the High Order 2017 and the driving without a license under Article 3547 of the High Order 2017.

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