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(영문) 울산지방법원 2019.02.14 2018고단3047
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, at around 23:55 on August 31, 2018, driving a BNS car with a blood alcohol content of 0.134% and changing the two-lanes into one lane near D secondary schools in Ulsan-gu C, Ulsan-gu, along the two-lanes, while driving the two-lanes into one way, while under the influence of alcohol, he did not take measures, such as making repair costs and damage and stop immediately.

around 23:45 on November 12, 2018, the Defendant driven J 2 vehicle under the influence of alcohol content of about 0.116% without a vehicle driver’s license in a section of approximately 2 kilometers from the Do in front of the G market in Ulsan-gu, Ulsan-gu to the front road of the I High School located in Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition and photographs related to accidents;

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

1. Application of the statutes governing repair estimates;

1. Article 148, Article 54 (1), Article 148-2 (2) 2, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act applicable to the facts constituting a crime / [Determination of imprisonment]

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

1. The reason for sentencing of the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act among concurrent offenders is to be divided into depth after the crime of this case is committed by the defendant, and even if the victim and the victim have agreed to do so, he/she again went back to the crime of this case even though he/she had the record of punishment due to traffic accidents, drunk driving, etc., and he/she is also subject to criticism, such as drinking and unlicensed driving.

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