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(영문) 울산지방법원 2017.10.11 2017고단2237
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2013, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 1,000 as a crime of violating the Road Traffic Act, and on October 14, 2015, the same court issued a summary order of KRW 5 million as a fine for the same crime.

The Defendant, as seen above, violated the provision on prohibition of driving under the influence of alcohol twice or more, once again, driven CM5 automobiles without obtaining a driver’s license in the state of alcohol concentration of about 0.184% in the section of approximately 5km from May 27, 2017 to the vicinity of the Ulsan-gun Office in Ulsan-gu, Ulsan-gu, Seoul-do, Seoul-do, Seoul-do, Seoul-do, without obtaining a driver’s license, to drive a vehicle under the influence of alcohol concentration of about 0.184%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and investigation report;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for driving under drinking in the year 2013 and was punished for driving without a license.

In addition, in 2015, the same day was punished for a crime that is committed twice the same day.

In addition, up to this case, the defendant was driving a drinking and a non-licensed driving at very short intervals without repeated punishment.

In particular, the defendant, when the defendant was under influence of alcohol driving, escaped as it is and proceeded with 5 km, and put it to the police.

As alcohol concentration in blood is considerably high, escape from a state of drinking, resulting in a risk of causing another large accident.

However, the fact that the defendant is led to confession and reflect.

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