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(영문) 울산지방법원 2014.07.24 2014고단1845

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] The defendant, at the Ulsan District Court on January 18, 2008, sentenced 5 million won as a fine for a violation of the Road Traffic Act (recognition) at the same court on January 18, 2008, sentenced 2 years of suspension of execution to 4 months, 5 million won as a crime of violation of the Road Traffic Act (regnition) at the same court on January 8, 2010, 7 million won as a fine for a violation of the Road Traffic Act (regnition refusal) at the same court on January 6, 2012, and 5 million won as a fine for a violation of the Road Traffic Act (regnition refusal) at the same court on August 8, 2013, and on December 13, 2013, the same court sentenced 6 months to imprisonment for a violation of the Road Traffic Act (regnition) at the mountain detention center on December 26, 2013.

【Criminal Facts】

On May 27, 2014, at around 18:35, the Defendant driven a C-wing bus with blood alcohol concentration of at least 0.167% while under the influence of alcohol without obtaining a driver’s license from a section of 200 meters near the tin market located in the upper northwest-si, Yangsan-si, to the front road of the Yuk River cafeteria, located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Fully taking account of the following factors: (a) the period of punishment under Articles 53 and 55(1)3 of the Criminal Act was included in the judgment of the reason for sentencing; (b) the period of punishment was 14 times before and after having been sentenced to the same criminal conviction in the judgment; and (c) the period of the instant crime was 5 months after having been released from the same criminal conviction in the judgment; and (d) driving the instant crime

In this situation, the defendant is now chronic dypitis, etc.