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(영문) 울산지방법원 2017.12.20 2017고단2983
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 30, 2009, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence due to a violation of road traffic laws at the Ulsan District Court, etc. on October 30, 2009, and on November 5, 2015, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence.

On June 26, 2017, the Defendant driven D buses with approximately 15km alcohol concentration of 0.072% from the 15km section to the front road of the coastal elementary school located in the east-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ri

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Previous conviction: Application of Acts and subordinate statutes to inquire into criminal history data;

1. It is more favorable to the statement that the defendant confessions and reflects the relevant legal provisions regarding the crime, Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding the selective sentencing of imprisonment, and Article 148-2(1) of the Road Traffic Act.

However, on November 5, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (any death or injury caused by danger) and a violation of the Road Traffic Act at the Ulsan District Court on November 13, 2015, and was sentenced to imprisonment with prison labor for a period of eight months, and a suspension of execution for a period of two years on November 13, 2015, which became final and conclusive and conclusive on November 13, 2015, and caused the Defendant to commit the instant crime of driving alcohol during the suspension of execution.

However, he did not appear on the fixed date, and the probation period has been terminated, and he was present.

On the other hand, in addition to the above previous convictions, the Defendant’s previous convictions for the same crime are more than once (0.204% of alcohol concentration in blood). The above previous convictions are not higher than the alcohol concentration in blood, but the alcohol concentration in this case is not much significant.

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