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(영문) 울산지방법원 2016.11.24 2016고단3405
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 10, 2013, the Defendant was sentenced to a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 10, 2013, and was sentenced to a suspended sentence of KRW 6 months for the same crime on June 24, 2016.

On September 22, 2016, the Defendant violated Article 44(1) of the Road Traffic Act twice or more, and driven D rocketing car under the influence of alcohol concentration of about 2 km from the front of the Defendant’s house in Ulsan-gu, Ulsan-gu, to the front of the cafeteria-gu, Ulsan-gu, Seoul-do, to the front of the cafeteria-gu, Ulsan-gu, Seoul-do, the Defendant driven a D rocketing car under the influence of alcohol concentration of about 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. A report on investigation;

1. Application of statutes concerning criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was sentenced to a suspended sentence for the same kind of crime, and again commits the same crime within a short period despite the suspended sentence, and thus, the defendant is punished by the sentence. In determining the term of the punishment, the defendant reflects his/her criminal act and supports his/her mother, and all other conditions of the sentencing including the defendant's age, character and conduct, environment, etc

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