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(영문) 울산지방법원 2017.06.22 2017고단1462
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 29, 2006, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on February 8, 2007, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for eight months for the same crime, etc. at the Busan District Court's Dong Branch, and on September 1, 2009, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Ulsan District Court's Busan District Court's Dong Branch. On May 12, 2010, the Defendant was sentenced to a suspended sentence of KRW 4 million for ten months for the same crime.

On May 2, 2017, the Defendant driven approximately 1.7 km at the 0.218 km road in Ulsan-gu, Ulsan-si, U.S., under the influence of alcohol content from around 12:00 to around 1.7 km in the front of the first apartment.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 25) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. When comprehensively considering the records of punishment several times for the same crime, including the suspended sentence on two occasions, high drinking volume (0.218%) and the fact that the crime accompanied by traffic accidents, it is reasonable to give the defendant an opportunity for correction through the isolation with society for a certain period of time: Provided, That in addition to various circumstances, such as the records and arguments, the background of the crime and the attitude of reflectivity, etc. as shown in the records and arguments, the sentence shall be imposed as ordered in consideration of various circumstances.

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