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(영문) 울산지방법원 2018.11.22 2018고단2752
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On September 13, 2017, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (unlicensed driving) at the Ulsan District Court on September 13, 2017, and completed the execution of the sentence at the Ulsan District Court on March 13, 2018.

[Criminal facts] On September 1, 2018, the Defendant driven B 2 cargo vehicles under the influence of alcohol leveling 0.097% while under the influence of alcohol leveling from a Do located in Ulsan-gu, Ulsan-do to a 10km-ro, Ulsan-do, without obtaining a driver’s license from a Do in the direction of about 01:18 to a 10km-gu, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of repeated crime period, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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