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(영문) 울산지방법원 2016.10.20 2016고단2316
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 17, 2010, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on the grounds of the violation of the Road Traffic Act, and on June 17, 2011, the same court issued a summary order of KRW 7 million for the same crime. On July 17, 2014, the Defendant was sentenced to a fine of KRW 8 million for the same crime at the same court.

【Criminal Facts】

On 26, 2016. 21:51 on 26. 201, the Defendant driven a F-learning car from the rear part of the Egylle D located in Ulsan-gun to the front of the same Egypt, without obtaining a driver's license, with a blood alcohol content of 0.182% under the influence of alcohol.

As a result, the defendant was sentenced to criminal punishment more than twice due to drinking driving, and again driven a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. To inquire about reports on the state of state of drinking drivers, and the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

Article 40 or 50 (Selection of Imprisonment)

1. In the event that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of driving under the influence of six times without any consideration to the defendant, the blood alcohol concentration is 0.182%, the fine was imposed on the person who committed during the suspended execution period due to the crime of an escape vehicle, and the crime of this case is deemed to be almost habitually habitually committed in the course of committing the crime of this case again, and there is no circumstance to consider the circumstances of drinking, etc., the crime and the criminal sentence are imposed against the defendant.

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