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(영문) 울산지방법원 2016.04.06 2016고단453

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Ulsan District Court on August 14, 2009, issued a summary order of 2.5 million won for a violation of the Road Traffic Act (drinking driving), and on December 14, 2012, the Defendant was sentenced to a suspended sentence of 2.5 million won for a violation of the Road Traffic Act by the same court on December 14, 2012.

On February 10, 2016, the Defendant was under the influence of alcohol content of 0.094% during blood transfusions. On February 10, 2016, the Defendant driven Blux car at 20km from the road near the charter market located in the area of Busan-gun, the Busan-gun, to the road front of the Dong department fire located in the center of Busan-gu.

In spite of the fact that the Defendant had violated the prohibition of drinking alcohol driving regulations on more than two occasions, the Defendant once again driven alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (netly six times);

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

1. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and 55(1)3 (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2008) (see, 201; 209Da14448, Apr. 1, 201) (see, 201)) of the Criminal Act (see, 201Da1448, Apr. 1, 201);