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(영문) 울산지방법원 2017.10.13 2017고단1934
도로교통법위반(음주운전)
Text

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

Reasons

Criminal facts

On November 2, 2007, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on July 8, 2015, a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, respectively.

"2017 Highest 1934"

1. On May 19, 2017, the Defendant, at around 02:05, driven the said vehicle under the influence of alcohol again as a person who was punished twice or more for violating the Road Traffic Act (driving alcohol) by driving a C-cruise vehicle under the influence of alcohol at approximately 0.197% at a level of about 50 meters from the first floor parking lot of the Nam-dong, Ulsan-dong, Ulsan-dong, Chungcheongnam-gu, Seoul Metropolitan Government apartment to the entrance of the said parking lot.

"2017 Highest 2650"

2. On June 24, 2017, the Defendant: (a) driven a C-cracking car at approximately 200 meters away from the front door of the new elementary school located in Ulsan-gu, Ulsan-gu, Seoul-do, to the front end of 59-1, a 137-ro 59-1, while under the influence of alcohol at around 02:10, the Defendant driven a motor vehicle under the influence of alcohol on at least two occasions; and (b) driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Statement report on the situation of the driver at each driving, report on the situation of the driver at each driving, report on the results of regulating the driving of drinking, report on the results of regulating the driving of drinking, report on the occurrence of traffic accidents, report on the actual condition, survey report on the field, and report on the

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is likely to be criticized in that driving of alcohol for reasons of sentencing increases not only the possibility of occurrence of an accident and the risk thereof, but also the driver himself/herself is aware of it.

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