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(영문) 울산지방법원 2016.09.02 2016고단2159
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 31, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court to a fine of KRW 5 million for a violation of the Road Traffic Act. On November 8, 2013, the Seoul East Eastern District Court received a summary order of KRW 5 million for a violation of the Road Traffic Act.

In addition, on October 2, 2015, the Seoul Central District Court sentenced two years of suspension of execution to six months of imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Central District Court, which became final and conclusive on October 13, 2015, and is currently under suspension of execution.

On March 23, 2016, at around 05:55, the Defendant driven a D-car without obtaining a driver’s license in a state of alcohol alcohol concentration of about 0.160% in the area of about 3 km from Ulsan-gu, Ulsan-gu to the front of the Yacheon-dong, Ulsan-gu, Ulsan-do. So, the Defendant driven a D-car without obtaining a driver’s license.

As a result, even though the Defendant had a driving force twice or more, he again driven a passenger car without obtaining a driving license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and the register of driver's licenses;

1. Application of an inquiry report on criminal records, etc., investigation report (criminal records), Seoul Central District Court Decision 2015 High Court Decision 5168, Seoul Eastern District Court Decision 2013 High Court Decision 2013 High Court Decision 2013 High Court Decision 13946, and summary order under the Seoul East East District Court Decision 2013 High Court Decision

1. Driving under the relevant law on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crimes of violating the Road Traffic Act of which punishment is heavier between the two crimes)

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, within a short period of three years, had a drunk driving four times; and (b) the licenseless driving has reached three times; and (c) the Defendant repeated the crime during the suspension period

Although it is considered that a person drives a vehicle after drinking alcohol, all of the past drinking is driving.

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