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(영문) 울산지방법원 2017.05.18 2017고단698

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[B] On April 22, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Busan District Court’s branch branch branch on April 22, 2010, and on the 23th of the same month, the above court issued a summary order of KRW 2 million for the same crime.

[2017 Highest 698] On February 25, 2017, the Defendant driven B Poter truck under the influence of alcohol concentration of about 0.076% from the road front of the neighboring parking lot located in the Nam-dong, Chungcheongnam-gu, Seoul Special Metropolitan City on February 25, 2017 to the road front of the night distance located in the same 3km-dong.

As a result, the Defendant once or more drinking driving skills, driving a motor vehicle under the influence of alcohol again.

[2017 Highest 1415] On April 20, 2017, the Defendant driven B Poter truck with alcohol content of about 0.093% while under the influence of alcohol without a driver’s license from the front line of Mat, in which around 03:50 on April 20, 2017, the name of the new Simsan-gu New Simsan-gu, Ulsan-gu, Seoul-do, where it is difficult to identify one another, to the road near the same new Simsan Industrial High School.

As a result, the Defendant once or more drinking driving skills, driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

[Majority-Related to Criminal Records] The inquiry of criminal history of the 2017 Highest 698 Highest 2017 Highest 698 Highest 14 [2017 Highest 698]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol (2017 altitude 1415);

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (the same type of crime is repeated or a risk of repeating a crime), but the same type of crime is still existing.