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(영문) 울산지방법원 2018.09.20 2018고단1179

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 8, 2011, the Defendant was sentenced to six months by imprisonment for a violation of road traffic laws at the Ulsan District Court, and on June 20, 201, the Defendant was sentenced to a fine of ten million won by the same court as a crime of violating road traffic laws.

Nevertheless, on April 4, 2018, the Defendant driven C rocketing car in the state of approximately 0.255% alcohol concentration in blood at the 500m section from the front Do to the front Do of the military base located in the same military camp located in the south-dong, Jung-gu, Ulsan-si. The Defendant driven C rocketing car in the state of approximately 500 meters alcohol concentration.

As a result, the defendant was punished twice or more due to drinking, but he was driving again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Relevant criminal facts: (a) Articles 148-2(1)1 and 44(1) of the Road Traffic Act; (b) six previous convictions for driving alcohol on the grounds of sentencing of imprisonment or selective sentencing; and (c) one of them has both criminal records of imprisonment and suspended execution.

Nevertheless, in addition, it was driven under the influence of alcohol concentration of 0.255%.

The defendant is against the crime and does not repeat the crime.

In light of the fact that a vehicle is disposed of, even if it is considered, it is not possible to set off the minimum statutory penalty.