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(영문) 울산지방법원 2018.07.19 2018고단1584
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 17, 2017, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and on January 17, 2018, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment for a crime of violating the Road Traffic Act at the Ulsan District Court on January 17, 2018, and the said judgment became final and conclusive on January 25, 2018.

On April 6, 2018, the Defendant driven a C-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Investigation into criminal history and application of Acts and subordinate statutes of investigation report (the same type of force and confirmation during the period of suspended execution);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense (the choice of each disciplinary type)

1. The reason for sentencing Articles 40 and 50 of the Criminal Act is that the defendant will not repent in depth after committing the crime and will not repeat the crime;

Although the circumstances such as the fact that the defendant's crime of this case was committed, it is inevitable to sentence the defendant as ordered in order to ensure the safety of other traffic participants as well as the defendant, in full view of the fact that the defendant committed the crime of this case again in several months after being sentenced to a suspended sentence due to drinking driving, etc. for the last two years, and after being sentenced to a suspended sentence due to drinking driving, etc., and other conditions of sentencing as indicated in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc.

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