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(영문) 울산지방법원 2017.03.16 2016고단565
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant issued a fine of KRW 6 million at the Ulsan District Court on May 22, 2014, for a violation of road traffic laws (drinking driving), etc., and issued a summary order of KRW 5 million at the same court on March 10, 2016 due to a violation of road traffic laws (drinking driving), etc.

【Criminal facts】 On February 15, 2016, at the entrance of a park in front of the “living Gu” located in Ulsan Nam-gu, Ulsan-gu, Seoul-do, the Defendant driven Bk3 automobiles under the influence of alcohol content of about 0.058% while under the influence of alcohol content at approximately 500 meters at the front of the same Dong-dong residential apartment 101, Dong-dong, Dong-dong, which is located in the same month-dong of the same month without the driver’s license.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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