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(영문) 울산지방법원 2016.05.30 2015고단599

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 3, 2012, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act (drinking driving), and on March 4, 2015, the Defendant was issued a summary order of KRW 3.5 million by the same court on March 4, 2015.

On January 19, 2015, the Defendant was under the influence of alcohol of 0.107% in blood without obtaining a driver’s license for a motor vehicle on January 23:05, and the Defendant was under the influence of alcohol of 0.107% in the middle-gu industry, Ulsan-gu, Seoul-ro, 517, and driven B’s vehicle from the front of the Ulsan-gu funeral hall to the front of the KBS U.S broadcasting station located in 212 in the same Gu.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous conviction: Inquiry about criminal history and application of the relevant list of cases Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (the fact that there is no record of punishment for a crime of the same kind of crime subject to suspended sentence or heavier punishment, and other circumstances, such as the details of the crime, etc. recorded in the records);