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(영문) 울산지방법원 2017.06.09 2016고단2100

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

【Criminal Records of Crimes】 On October 16, 2008, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court on December 16, 200, and a fine of KRW 1.5 million for the same crime at the same court.

In addition, on August 28, 2015, the same court was sentenced to two years of suspension of the execution of imprisonment with prison labor for 8 months for fraud, which became final and conclusive on September 5, 2015, and is currently under suspension of execution.

【Around April 26, 2016, the Defendant driven a gallon car with approximately 400 meters alcohol content 0.159% while under the influence of alcohol while driving a gallon car with Dgallon under the influence of alcohol content 0.159% on the roads near Ulsansan-dong, Ulsan-dong 34-72 “Ulsan-dong,” located in the same month and Dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A written inquiry about the results of crackdown on the driving of drinking and a report on the detection of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (report attached to the same type of crime records, etc. (report attached thereto), and applicable Acts and subordinate statutes (report to confirm that the person under consideration is currently subject to suspended execution);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only the possibility of occurrence of an accident and the risk thereof, but also the driver's awareness of the occurrence of the accident. The Defendant was sentenced to a fine by drinking, etc. during the year 2000, in addition to the punishment of a fine for driving under two times the introduction of the crime, and the Defendant was sentenced to a fine by drinking, etc. during the year 200. In addition, even though the Defendant was sentenced to a fine on December 4, 205 by driving under the influence of drinking during the suspension period of the execution of the indictment, the Defendant was sentenced to a fine on December 4, 2015.