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(영문) 울산지방법원 2016.10.14 2016고단2988
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 7, 2012, the Defendant received a summary order of KRW 1,50,00,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on September 1, 2014, by the same court, to a fine of KRW 1,50,000 as the same crime.

In addition, on May 7, 2015, the defendant was sentenced to two years of imprisonment with prison labor for the same offense in the same court, and the judgment on May 15, 2015 became final and conclusive and is still under the suspension of execution.

Although drinking driving power is two or more times, on August 13, 2016, the Defendant was driving B trucks under the influence of alcohol with blood alcohol concentration of 0.129% without obtaining a driving license from the shooting distance of the new flag-based apartment in Gyeyang-si, Yangsan-si to the entrance of the same new flag-based apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (Attachment twice a summary order), pre-dispositions, and reporting results of confirmation;

1. Driving under the relevant law on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that even if punishment has been imposed on several occasions for the reason of sentencing, since the suspension of execution due to the same criminal record and the suspension of execution due to the same criminal record and the repetition of driving and driving without a license during the period of probation are repeated, the Defendant’s responsibility cannot be held strictly.

It is not expected that the defendant's voluntary edification and improvement is no longer expected, and it is necessary to suppress similar crimes, so a sentence is selected.

The punishment as ordered shall be determined by comprehensively taking into account the details of the crime, blood alcohol concentration, the fact that the defendant is against his/her wrong recognition, the age, sex, environment, etc. of the defendant.

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