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(영문) 울산지방법원 2017.03.09 2016고단4209

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 13, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the Ulsan District Court on August 13, 2013, and was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on March 12, 2008.

피고인은 2016. 11. 22. 16:14 경 혈 중 알콜 농도 0.104% 의 술에 취한 상태로 울산 울주군 삼남면 교 동리에 있는 서울 산 보람병원 부근 공사현장에서 같은 군 삼동면 삼동로 1239에 있는 ‘ 첼로와 가야고’ 식당 앞까지 B SM5 승용차를 15km 가량 운전하였다.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

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 of criminal history, investigation report (Attachment of judgment of drinking driving power), and application of statutes of the judgment text;

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 grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant, on December 2, 2013, was subject to a suspended sentence due to an accident in the course of driving alcohol; and (b) the Defendant had a record of driving alcohol not exceeding six times including the power; (c) the instant crime was repeated; (d) the drinking volume was not lower; and (e) there were any inevitable circumstances in the course of driving alcohol.

The corresponding punishment is inevitable in that it is difficult to see it.