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(영문) 울산지방법원 2017.08.24 2017고단2159
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

【The Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court on July 1, 2015, and on March 9, 2016, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act, and on March 9, 2016, other than those subject to a summary order of KRW 5 million for a crime of violating the Road Traffic Act, two times for a criminal offense of violating the Road Traffic Act and three times for a criminal offense of violating the Road Traffic Act.

【Criminal facts】 On June 19, 2017, the Defendant driven a B Sspo-type car under the influence of alcohol content of about 0.136% while under the influence of alcohol at approximately 10 meters without obtaining a driver’s license from the 10-meter section of the 10-meter section from the front of the restaurant in the Sowing field of the same military field to the front of the restaurant in the 3-lane of the same military field.

As a result, the Defendant again driven a motor vehicle without obtaining a driver’s license under the influence of alcohol, in violation of the prohibition on driving under the Road Traffic Act, by a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has already been imposed on the defendant for the reason of the sentencing, and the driving of the drinking in this case was repeated even though the defendant had the ability to drive the drinking, other than that, the fact that the traffic-related criminal records are high, the drinking level is very high, and the danger is considerable in light

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