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(영문) 울산지방법원 2016.04.21 2016고단91

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 3, 2003, the Defendant was sentenced to a summary order of 1.5 million won for a violation of road traffic law (drinking driving), and a fine of 3 million won for the same crime from the Daegu District Court racing support on April 3, 2013. On October 7, 2014, the Defendant was sentenced to a suspended sentence of 6 months for a period of 6 months for a violation of road traffic law (drinking driving) at the Daegu District Court.

[2] Although Defendant 1 had the record of committing a crime of violating the Road Traffic Act (drinking) more than twice as above, Defendant 2 driven E-wit truck under the influence of alcohol concentration of about 0.159% in the section of about 200 meters from the 200 meters away from the front side of the west-gu, Ulsan-gu, Ulsan-do, Seoul-do, Seoul-do, to the air-conditioning distance, around August 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation report (Attachment to the same type of judgment);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reason for sentencing under Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 53Do28, Apr. 2, 1999) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do1448, Apr. 2, 2008) is that the Defendant, who was driving under the same kind of drinking, again committed a