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(영문) 울산지방법원 2017.04.13 2015고단1049
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On March 11, 201, the Defendant issued a summary order of KRW 2 million to the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), the summary order of KRW 2 million on October 17, 201 to the Busan District Court for a crime of violating the Road Traffic Act (drinking driving), and the summary order of KRW 2 million on November 6, 201 to the same court for a crime of violating the Road Traffic Act (drawing driving).

On January 31, 2015, the Defendant, without a driver’s license, driven a BS-type car from the front day of the “Macju warehouse” road located in the Dong-si in Yangsan-si, Yangsan-si without a driver’s license, to the front day of the 200-meter agricultural product distribution center located in the Dong-si, Yangsan-si.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The ledger of driver's licenses, the report on the occurrence of a traffic accident, the actual survey report, the report on detection of the driver of the main vehicle, and estimates;

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, and Article 152 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Acts of traffic with heavier punishment);

1. Although the Defendant reflects the instant crime even though he/she had the same criminal history six times, he/she went to the instant crime even though he/she had the same criminal history, taking into account the fact that the present whereabouts are unknown, and the age, environment, etc. of the Defendant, the sentence is determined as above.

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