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(영문) 울산지방법원 2018.04.05 2018고단335
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 17, 2018, the Defendant driven B rocketing car at approximately 500 meters from the frontway of the Hodong-gu, Ulsan-gu, without the driver’s license in the state of 0.099% alcohol concentration among blood transfusions, to the frontway of the rice treatment plant located in the same Dong without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. The defendant has been punished three times in total for a crime of violation of the law (the crime of drinking alcohol competition) with special circumstances (the crime of violation of the law). Among them, the defendant has been punished eight times in total for a crime related to traffic, such as a crime of violation of the law (the crime of drinking alcohol competition).

Nevertheless, the defendant was only subject to suspended sentence or fine, and in particular, the defendant was guilty of a fine of 5 million won in relation to a crime of violation of law (a sloping vehicle) in the third place in 2015.

In this case, even though it is obvious that the record of punishment due to drinking driving has been punished on more than two occasions, it was not prosecuted as such.

The defendant seems to continue drinking and non-licensed driving without any fear of punishment of the same prosecutor's office and the court's repeated punishment.

The defendant was aware that there was a limit to the tolerance.

Therefore, the sentence is imposed for the future of the young accused, and the sentence is determined as ordered in consideration of all the conditions of sentencing, including the previous conviction relation, the degree of the principal offender at the time of the crime, the age and environment of the accused, and the motive and circumstance of the crime.

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