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(영문) 울산지방법원 2018.03.14 2017고단4266
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 22, 2014, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daegu District Court. On June 3, 2016, the Defendant was notified of a summary order of a fine of four million won for a violation of the Road Traffic Act at the Daegu District Court. On October 14, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Changwon District Court.

Although the Defendant had violated drinking two or more times as above, on November 26, 2017, the Defendant driven B Clori 300cc car under the influence of alcohol concentration of about 0.156% while under the influence of alcohol without obtaining a driver’s license from the boundary of the Ulsan-do water restaurant in the south-gu, Ulsan-gu, Ulsan-do to the front road of the girst restaurant in the same Dong from the boundary of Ulsan-do to the 200 meters.

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 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. The circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., conditions favorable to the reasons for sentencing) are as follows: The defendant has a reasonable same kind of power; as shown in the previous conviction in the judgment, the defendant was sentenced to a two-year suspended sentence for six months due to a crime of violating road traffic laws (driving driving) at the Changwon District Court on October 14, 2016; and on October 22, 2016, the above judgment became final and conclusive on October 22, 2016, and the same crime was committed during the suspended sentence period.

Since the defendant neglected a strict warning of justice, the defendant has chosen imprisonment with prison labor for the defendant, and as long as the defendant selects imprisonment with prison labor, the defendant who is the person who has been sentenced to suspended sentence.

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