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(영문) 울산지방법원 2018.10.18 2018고단2197

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 29, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violating the Road Traffic Act (driving) and a summary order of KRW 5 million by the above court on March 30, 2016.

[2] On July 2, 2018, the Defendant driven the EM5 vehicle under the influence of alcohol content of about 0.171% from a section of about 1km from the front of the residence of the land located in Yangsan-si B to the front of the D located in C, around July 2, 2018.

On August 7, 2018, the Defendant driven the EM525 vehicle under the influence of alcohol content of about 0.246% in the section of approximately 500 meters for the first day of the same city on the roads front of the trade in Yangsan-si, Yangsan-si. 3:20 on August 7, 2018.

Accordingly, the Defendant, while under the influence of alcohol at least twice, driven a motor vehicle again while under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement [2018 Highest 2197];

1. Inquiries into the results of crackdown on driving alcohol and investigation reports (report on the circumstances of the driver in charge of driving alcohol);

1. Statement of the police statement related to G;

1. Inquiries about the results of crackdown on driving under drinking, reporting on investigation (in the case of a driver who takes the driving under the influence of drinking), inquiry about criminal records, and application of Acts and subordinate statutes to investigation reports (the same kind of force

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes drive alcohol once more than twice the reasons for sentencing (2018 high-ranking 2197). On the day following the day on which the instant case was prosecuted and served with a direct indictment, the driver was found to have been exposed to the other party and the end of the trial, resulting in a contact with the driver and the driver at the time (2018 high-ranking 2367). The punishment for the crime is inevitable.

Provided, That the fact that there is no criminal conviction exceeding a fine and the crime is divided, etc. shall be considered.