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(영문) 울산지방법원 2018.11.01 2018고단2668
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal history] On February 20, 2014, the Defendant was sentenced to eight months of imprisonment by the Ulsan District Court for a violation of the Road Traffic Act, a violation of the Road Traffic Act (non-licenseed driving), and on January 22, 2016, the Ulsan District Court sentenced the Defendant to two years of imprisonment for a violation of the Road Traffic Act (non-licenseed driving), and completed the execution of the sentence on November 15, 2017 by the racing prison on the following grounds:

[Criminal facts] On July 14, 2018, the Defendant driven an Eteart motor vehicle under the influence of alcohol level of 0.170% while under the influence of alcohol level of 0.170% without obtaining a driver’s license from the “C” restaurant parking lot located in Ulsan-gun, Ulsan-gun, to the roads near Ulsan-gun, Ulsan-gun, Ulsan-gun.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Although Article 35 of the Criminal Code of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Cumulative Offense was committed again during the period of the same repeated crime, and the degree of principal punishment has to be punished by severe punishment.

Punishment shall be determined in consideration of the anti-discrimination and the occurrence of an accident.

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