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(영문) 울산지방법원 2016.04.29 2016고단583
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 24, 2007, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution due to a violation of the Road Traffic Act at the Ulsan District Court on October 24, 2007, and eight months of imprisonment with prison labor due to a violation of the Road Traffic Act (driving) at the same court on June 25, 2008, and on May 11, 2012, and completed the execution of the sentence on November 14, 2012 by the same court on May 11, 2012.

On August 18, 2015, the Defendant, while under the influence of alcohol on August 18, 2015, driven C passenger cars at a section of approximately 200 meters from the trade name 0.257% of the alcohol level among the blood transfusion at around 04:19, while driving at around 200 meters of the same line with the same line line. The Defendant again driven while under the influence of alcohol on at least two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. On-site photographs (No. 3 lists of evidence);

1. The relevant written judgment and summary order (No. 19 of the evidence list);

1. The application of Acts and subordinate statutes to inquire about personal identification and acceptance status, crimes and criminal records;

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

1. Article 35 of the Criminal Act provides that the defendant who has a number of criminal records of the same kind with the reason for sentencing of aggravated repeated crimes commits a crime again during the period of repeated crime due to the same criminal records and thus, the sentence of imprisonment is inevitable to be imposed, and the circumstances surrounding the defendant's health, family, etc. who has symptoms of alcohol dependence, surrounding circumstances such as drinking driving circumstances, his family, age, sexual behavior, etc. shall be reflected in the sentence;

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