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(영문) 울산지방법원 2019.09.19 2018고단2146

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 8, 2006, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 8, 2006, a summary order of KRW 3 million by the same court on August 18, 2008, a summary order of KRW 3 million by a crime of violation of the Road Traffic Act (driving) and a fine of KRW 3.5 million by the same court on September 28, 201, and a summary order of KRW 3.5 million was issued by the same court on September 21, 201. On September 21, 201, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment for a violation of the Road Traffic Act (driving).

"2018 Highest 2146"

1. On June 15, 2018, at around 23:50, the Defendant driven an Egniter vehicle while under the influence of alcohol content of 0.096% at a section of about 500 meters from the Nam-gu Seoul Metropolitan Government B Studio to the front roads of D located in the same Gu C.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol by a person who has violated two or more times.

"2018 Highest 2344"

2. On July 25, 2018, at around 23:15, the Defendant driven an Efranchising vehicle in a state of alcohol alcohol content of about 0.297% at a section of approximately 500 meters from the front day of G convenience stores in Ulsan-gu F to the front day of the IF store located in H.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the provision of prohibition of drinking under the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. The actual condition survey report and photographs;

1. Previous convictions: Criminal records, written judgments, and application of Acts and subordinate statutes concerning summary orders;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Of concurrent crimes, the blood alcohol concentration for the reasons of sentencing in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.