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(영문) 울산지방법원 2017.11.29 2017고단3480
도로교통법위반(음주운전)등
Text

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

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

The Defendant, at the Ulsan District Court on November 10, 2008, issued a summary order of KRW 1,50,000,000 for a fine for a crime of violating the Road Traffic Act, and on October 2, 2015, issued a summary order of KRW 3.5 million for the same crime in the same court on October 2, 2015, is a person who violated the prohibition on drinking alcohol driving at least twice.

On September 16, 2017, around 05:47, the Defendant driven a B-learning car under the influence of alcohol content of 0.095%, without obtaining a driver’s license, from around 1:00 to around 2 km in the middle-dong, Ulsan-dong, Ulsan-do, Ulsan-do.

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. 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: 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 imprisonment with prison labor chosen;

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

1. In addition to the previous convictions holding that a person continues to drive alcohol, despite the punishment for repeated punishment, whose alcohol concentration is considerably repeated due to a normal blood relative unfavorable to him/her that he/she did not lead to an accident, he/she made a statement that he/she is favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, the experience of being punished for driving alcohol is more than once, except for the previous conviction

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