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(영문) 울산지방법원 2017.09.19 2017고단2442
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

On April 17, 2009, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on March 18, 201, a fine of three million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the same court on March 18, 201, and on November 24, 201, the Defendant was sentenced to a summary order of three million won for a crime of violating the Road Traffic Act (drinking driving), and on November 24, 2016, the Defendant was sentenced to a suspended sentence for six months and two years for a suspended sentence.

Although the Defendant had been subject to three times punishment for the crime of violating the Road Traffic Act (driving) as seen above, on June 25, 2017, the Defendant driven a B-type cargo vehicle without a driver’s license while under the influence of alcohol concentration of about 0.230% from the 13km section of blood during the 13km section to the 31rd road in the same east Dong-dong, B-type, U.S., U.S.-gun, U.S., and U.S.-gun, U.S.-gun, U.S. and U.S.-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, a report on the situation of the driver of the vehicle, inquiry into the vehicle, and the register of the driver's licenses;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

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. Circumstances that are favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight: The defendant committed the crime of this case against his will: the defendant went to the crime of this case even during the suspension of execution due to drinking, etc., although he was under the suspension of execution due to drinking, etc.; the defendant had the record of punishing fines twice due to drinking, etc. as stated in the other judgment; the amount of drinking alcohol at the time of this case could lead to a serious accident; and the defendant's age, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by the disposition, taking into consideration all circumstances, such as the punishment conditions.

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