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(영문) 울산지방법원 2018.10.30 2018고단2511
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 2, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violating the Road Traffic Act, and a fine of KRW 3 million by the same court on June 14, 2018, respectively.

1. On July 22, 2018, the Defendant driven a B rocketing car without obtaining a driver’s license from around 28, 2018, from around 23:45, Ulsan-gu, Ulsan-gu, U.S. military base on July 22, 2018 to around 27, the same area from around 1km to the 27th, south-gu, U.S. military base.

2. On July 23, 2018, the Defendant: (a) driven a rocketing car as stated in paragraph (1) while under the influence of alcohol with approximately 0.073% alcohol level, without obtaining a driver’s license, from the 27rd side of Ulsan-gu, Ulsan-gu, to the 7rd side of the same military base; (b) around 1km from the 27rd side of the same military base to the 28rd side of the same military base; (c) the Defendant was under the influence of alcohol level during blood.

Accordingly, the Defendant, while driving a motor vehicle without obtaining a driver's license, was in violation of the duty not to drive a motor vehicle at the same time more than twice, and was driving under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver's license in the main place, the vehicle register, and the driver's license register;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 2 of the Judgment)

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of reflector, influence of drinking driving, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;

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