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(영문) 울산지방법원 2017.01.25 2016고단4074
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2009, the Defendant has been sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 30, 2009, a fine of KRW 5 million for the same crime in the same court on July 8, 2013, and a fine of KRW 5 million for the same crime in the same court on October 16, 2014, respectively.

On October 27, 2016, the Defendant driven a car C in a section of about 1 km from the fluench road located in Yangsan-si Triho Lake, in a state of alcohol of 00:45% of alcohol content among blood transfusion, to the front road of the same elementary restaurant.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and application of the statutes governing the judgment;

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 (see, e.g., Articles 53 and 55(1)3) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 201) of the Criminal Act (see, e.g., Supreme Court Decision

When comprehensively considering the fact that drinking volume exceeds 0.144%, and that the time of the crime of this case is immediately immediately after the termination of the suspension period, it is reasonable to give the defendant an opportunity to correct it through isolation with society for a certain period of time. Provided, That in addition to various circumstances favorable to the defendant, such as the degree of reflectivity and the process of the crime, as shown in the records and arguments, a punishment shall be determined as ordered

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