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(영문) 울산지방법원 2016.05.13 2016고단793
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 17, 2011, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and on June 13, 2012, the Defendant was sentenced to a suspended sentence of 2.5 million won for a crime of violating the Road Traffic Act. On June 13, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act in the same court, and the same records

On January 7, 2016, the Defendant was under the influence of alcohol of 0.167% in blood while driving a passenger car at a section of approximately 800 meters from the “Saek Sea” parking lot in Ulsan-dong, Ulsan-gu, Seoul-do to the front day of the same Namsan refinery.

In this respect, the Defendant had driven a motor vehicle without obtaining a driver's license under the influence of alcohol, even though he had driven a motor vehicle twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. On-site photographs;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same type of judgment);

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on any crime falling under any of the crimes referred to in Articles 40 and 50 shall be imposed on any more severe crimes of violation of traffic laws);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant, on March 18, 2005, driven a alcohol level of 0.074% on the blood on the condition that he/she driven a alcohol level of 0.074% on July 18, 2005; 0.203% on July 20, 2005; 3 million won on September 22, 2005; 0.122% on August 12, 2010; 0.3% on the condition that he/she driven a alcohol level of 0.3% on the blood alcohol level of 0.12% on the blood alcohol level of 0% on the condition that he/she driven a alcohol level of 0.2% on the alcohol level of 0.3% on the condition that he/she performed a alcohol without permission on the condition that he/she performed a alcohol level of 3.1.5% on the alcohol level of 20.

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