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(영문) 울산지방법원 2018.07.26 2018고단1654
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant received a fine of KRW 2 million from the Changwon District Court on October 18, 2010 for a crime of violating the Road Traffic Act (drinking driving), KRW 5 million from the Ulsan District Court on April 24, 2013 for the same crime, and KRW 5 million from the same court on February 19, 2014 for the same crime.

On May 11, 2018, the Defendant driven a C New Telecommunications car under the influence of alcohol level of about 0.168% from approximately 5 K K to 0.168% in alcohol level from the street in front of the trade convenience store in the window of Changwon-si, Changwon-si to the front day of the Masan-gu and in Eup/Myeon-gu, the same Simsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (limited to the same criminal record and summary order);

1. The reason for sentencing of Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (or imprisonment) concerning criminal facts causes serious traffic accidents while driving a motor vehicle while driving a motor vehicle without prison labor or more than five times but at the same time.

The accident even before the driver's license did not occur for another victim, but it is judged that the risk of the accident caused by the driver's behavior after the drinking of the defendant exists.

Therefore, a sentence equivalent to the minimum statutory penalty is imposed in consideration of all the sentencing conditions, such as the fact that the punishment exceeds the fine, the fact that there is no criminal conviction, the reflective fact, the defendant's age, health status, family environment, etc.

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