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(영문) 울산지방법원 2020.01.30 2019고단4912
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On May 30, 2007, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act at the Daegu District Court racing support, and on December 4, 2009, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act at the Ulsan District Court on December 4, 2009, and was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act. On November 21, 2019, the Defendant appealed one year after having been sentenced to imprisonment for a violation of the Road Traffic Act at the Ulsan District Court on November 21, 201.

1. On September 3, 2019, at around 05:37, the Defendant driven a vehicle with low alcohol alcohol level from around 3 km to the front door of the Ulsan Jung-gu, U.S., U.S., and U.S., U.S., the Defendant driven a vehicle with low alcohol level of 0.189% under the influence of alcohol at around 0.189%, without a vehicle driving license.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

2. At around 05:40 on September 19, 2019, the Defendant driven a vehicle with low alcohol alcohol without obtaining a driver’s license, in approximately 2 km section from the front side of Ulsan-gu I to the MBC distance located in the same academicly four streets.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, written judgments, summary orders, unwritten judgments, and application of Acts and subordinate statutes reporting the results of confirmation;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), 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 Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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