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(영문) 울산지방법원 2019.02.19 2019고단155
도로교통법위반(음주운전)등
Text

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

Reasons

Criminal facts

The Defendant, at the Ulsan District Court on May 18, 2007, issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act, and issued a summary order of KRW 7.5 million for the same crime in the same court on January 22, 2014, respectively. On July 12, 2018, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime in the same court on July 12, 2018 and was sentenced to a suspended sentence of two years for the same crime and on July 20, 2018, is currently under the suspended sentence.

On December 22, 2018, the Defendant, who had the power of violating the Road Traffic Act two or more times due to drinking driving, driven D cargo vehicles without obtaining a driver's license in approximately 500 meters from the road located in the Northern-dong, Ulsan-gu, Ulsan-gu, to the front road of the C Hospital located in Ulsan-gu, Ulsan-gu, to a level of about 00 meters alcohol level 0.122% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a driver and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of alternative imprisonment with prison labor (including the fact that the relevant person recommits again during the period of suspension of execution of the same type);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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