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(영문) 울산지방법원 2018.05.23 2017고단4246
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 6, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch, and on March 14, 2013, the Ulsan District Court issued a summary order of KRW 5 million as a fine for the same crime, and on April 24, 2017, the Defendant was sentenced to a suspended sentence of 8 months for the same crime by the same court.

Although the Defendant had been subject to three times punishment due to a violation of the Road Traffic Act (drinking), on November 27, 2017, the Defendant driven a C-wing truck with alcohol level of about 0.135% while under the influence of alcohol level of 0.135% in the section of about 2km from the roads near the agricultural and fishery products market in Ulsan-dong, Ulsan-gu, Busan-do to the roads in the same month and Dong-dong, or the front road without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to drinking driving force);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is an offense for which the sentencing criteria is not set.

The favorable circumstances: The circumstances unfavorable to the statement that the confession and depth are against: The degree of alcohol content is considerably high, and the crime is committed during the period of suspension of execution due to the same kind of crime.

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