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(영문) 울산지방법원 2017.11.15 2017고단2366
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2009, the Defendant was issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act at the Changwon District Court, and on January 18, 2017, the Defendant was issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court.

On July 4, 2017, the Defendant driven CHJ125 Obama in a state of under the influence of alcohol content of about 0.153% while under the influence of alcohol without obtaining a driver's license from a section of about 100 meters from the front of Ulsan-gu B, Ulsan-gu to the world of 14-lane 77 "Maart" in the same JJ125.

As a result, the Defendant again driven a motor vehicle without obtaining a driver’s license under the influence of alcohol, in violation of the prohibition on driving under the Road Traffic Act, by a person who has violated the prohibition on driving under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving under the influence of alcohol not less than three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Article 154 subparagraph 2 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. In addition to the previous convictions holding that, despite the normal confession in favor of the reasons for sentencing under Article 62-2 of the Criminal Act, and the punishment for repeated alcohol concentration in normal blood that is disadvantageous to the driver of an anti-obane, continued to drive a drinking regardless of the punishment, six months have not passed since it was punished for the crime of causing an accident that causes another person due to drinking, and that he/she is also driving a drinking or driving without a license, other than the previous convictions.

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