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(영문) 울산지방법원 2016.10.27 2016고단2646
도로교통법위반(음주운전)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2012, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on September 26, 201, and the same year

4. 5. A person who has been sentenced to a suspended sentence of 6 months by the same court due to a violation of the Road Traffic Act, etc., and on October 28, 201, the same court issued a fine of 3 million won due to a violation of the Road Traffic Act, etc.

【Criminal Facts】

On June 21, 2016, at around 21:04, the Defendant driven a car with Dtra XG in a drunken state with a blood alcohol concentration of about 0.150% from around 50 meters from the front day of the Drata to the front day of the Crata Association located in Ulsan-gu B, Ulsan-gu.

As a result, the defendant, who has the power of violating the Road Traffic Act (driving) more than twice, has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiries into reports on the state of drinking drivers, and the results of crackdown on drinking driving;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case is repeated in spite of the fact that the defendant had the same records as the reasons for sentencing under Article 62-2 of the Criminal Act, including the sentence of imprisonment and the criminal record of suspended sentence, and the criminal records of the crime of this case (the records of the driving under the influence of alcohol are six times). The drinking level also shows an unfavorable attitude that does not consider the sentence of the sentence. However, the defendant shows an attitude that seriously reflects the crime, and the fact that the driving under the control of the driving under the control of the driving under the control of the driving under the control of the vehicle is under the control of the vehicle is under the control of the driving under the influence of the driver under the control of the driving under the control of the vehicle.

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