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(영문) 울산지방법원 2019.07.25 2019고단1833
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 29, 2010, the Defendant was issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Ansan District Court's Ansan Branch on December 29, 2010, and on February 12, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Ulsan District Court on February 12, 2015. On December 8, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Punishment of Violence, etc. Act (joint injury) at the Ulsan District Court on December 8, 2016, and completed the execution of the sentence at the port.

【Criminal Facts】

On May 3, 2019, at around 22:15, the Defendant driven a motor vehicle with Cresh in the state of alcohol alcohol concentration of about 2 km from the front line of the main place in the front line located in the Dong-dong, Ulsan-dong, Ulsan-dong, to the front line of the Ulsan-dong, Ulsan-dong.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the period of repeated offense and confirmation of the same kind of records);

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. Cumulative repeated crimes are crimes of the same kind, including imprisonment with prison labor for sentencing Article 35 of the Criminal Act, and repeated crimes are committed during the period of repeated crimes, and criminal liability is heavy.

The punishment shall be determined as per the disposition in consideration of the reflection point, the family environment, etc. of the defendant.

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