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(영문) 울산지방법원 2017.01.11 2016고단3910

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 15, 2010, the Defendant issued a summary order of KRW 1 million to a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on the same day, on October 8, 2013, a summary order of KRW 2 million to a fine for the same crime at the same court on the same day, and on August 23, 2016, the Defendant was sentenced to a suspended sentence of KRW 1 million to a fine for the same crime, and on August 23, 2016, a person who is currently under the grace period after the said judgment became final and conclusive on June 31 of the same month.

On November 8, 2016, the Defendant driven a DNA car under the influence of alcohol content of about 500 meters from the last sentence of the U.S. to the vicinity of the port distance in the same Eup/Myeon on the same day, from around 16:00 to the front day of the same Eup/Myeon, at approximately 150 meters away from the vicinity of the port distance in the mountain to the port located in the same Eup/Myeon.

As a result, the Defendant, who had a record of violating the Road Traffic Act (drinking) more than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 55 subparag. 3) of the Act on Punishment of Minimum Amount of Punishment (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009)).