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(영문) 울산지방법원 2017.11.23 2017고단3616
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant, on May 30, 2007, was sentenced to one year’s imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on the grounds of a violation of the Road Traffic Act, etc.; two years’ imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on October 29, 2010; eight months’ imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on September 7, 2012; and one year’s imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on May 7, 2015; and completed the execution of the sentence at the prison on January 2, 2016.

【Criminal fact-finding on March 25, 2017, the Defendant driven C’s car from 3rd century to 1stm in front of the Western-gun, Ulsan-gun, U.S., Ulsan-gun, without a driver’s license, at around 0.173% of alcohol content during blood transfusion around 19:55.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, sentences of judgment, investigation reports (the confirmation date of the date of release);

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is not only high alcohol concentration among the blood of this case, but also seven times the defendant was punished for a major traffic-related crime, such as a crime of failing to obtain a license for drinking, escape vehicle, etc. (three times before the actual sentence). In particular, the crime of this case was released after being sentenced to imprisonment for the same kind of crime as drinking driving, etc., and then re-detained during the period of repeated crime.

. The above.

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