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(영문) 울산지방법원 2018.08.14 2018고단1343
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

【Criminal Records of Crimes】 On November 22, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court on November 22, 201, and a fine of KRW 3 million for the same crime at the same court on September 29, 201.

【Crimes】

1. On April 19, 2018, the Defendant was driving a DNA 2 truck under the influence of alcohol concentration of 0.140% while under the influence of alcohol concentration of 0.140% in the blood alcohol, without obtaining a driver’s license, from the front side of the “Agyang-gu, Ulsan-gu, Ulsan-do, Ulsan-do, 11-8, the northwest-do, 11-8, “Agol-do,” located in the 11-373-3, Seoyang-gu, Seoyang-gu, Ulsan-gu, Ulsan-do, Ulsan-do. to the front road.

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

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the said 2 vehicle at the same time, place, and at the same time and place as paragraph (1).

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Notification of the results of regulating the driving of alcohol, report on the circumstances of the driver driving, inquiry into the results of crackdown on the driving of alcohol, inquiry into mandatory insurance, and the register of driver's licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the same summary order of force;

1. Driving under the relevant legal provision on criminal facts: Operation of a motor vehicle without a license under Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act: Subparagraph 1, Article 152 of the Road Traffic Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act;

1. Between the crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (driving without a license): Punishment provided for the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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