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(영문) 울산지방법원 2017.10.27 2017고단382
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

"2017 Highest 382"

1. On January 31, 2008, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws at the Ulsan District Court on the same day on April 27, 2016, a fine of three million won for the same crime at the same court on the same day, and on July 20, 2016, by the same court on the same day on July 20, 2016, the Defendant was sentenced to a fine of three million won for a violation of road traffic laws (driving without a license) and a violation of road traffic laws (driving without a license).

On February 1, 2017, the Defendant, as above, driven a B SP car at a level of about 500 meters from the 50-meter radius to the front road of the same Eup in front of the Busan Walsan Camp, without obtaining a driver’s license under the influence of alcohol level of 0.065% in the blood alcohol level from around 23:44 on February 1, 2017, while under the influence of alcohol level of 0.065%.

"2017 Highest 694"

2. On February 27, 2017, around 06:00, the Defendant driven a vehicle B spectrum without obtaining a driver’s license from a section of about 4 km from the 06:00 p.m. Sim. Simsan Simri to the front of Simsan subway station.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Report on detection of any violation of traffic laws on roads, inquiry into the results of crackdown on drinking driving, report on the situation of the driver under driving, ledger of driver's license, and report on the situation of driver without license;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal history;

1. Driving under the pertinent provision of the Act on the Traffic of Roads for criminal facts: Driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Between the crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( between the crimes under Articles 40 and 50 of the Criminal Act and the crimes of violation of traffic laws on roads under paragraph (1) and the crimes of violation of traffic laws on roads: Punishment specified for the crimes of violation of traffic laws with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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