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(영문) 울산지방법원 2017.09.25 2017고단2690
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

On July 13, 2017, the Defendant driven a DNA-learning car under the influence of 0.104% alcohol concentration in blood without obtaining a driver's license from approximately 300 meters in approximately 300 meters away from the front of the direction of the direction of the direction of the road in Ulsan-gu, Ulsan-gu to the 19th road in Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act without a license for driving under the same 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. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: The fact that confessions and reflects depth, and that drinking and driving without licenses are not followed by accidents;

1. Unfavorable circumstances: A large amount of previous convictions (five-time driving without a license, one-time driving of drinking, one-time measuring refusal of drinking, etc.) and previous convictions due to a non-licenseing; a large amount of other previous convictions; a continuous driving of drinking and non-licenseing despite repeated punishment; and a large amount of alcohol concentration during blood transfusions, etc.

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