logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.08.10 2016고단1929
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 2, 2012, the Defendant was issued a summary order of a fine of six million won for a crime of violating the Road Traffic Act at the Busan District Court on January 2, 2012, and on January 28, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Ulsan District Court on January 28, 201, and the said sentence was sentenced to a suspended sentence of

2. 4. Final and conclusive period of suspension of execution is currently under suspension of execution.

Although the Defendant had been punished for driving under drinking more than twice as above, on April 13, 2016, the Defendant driven B-type cargo vehicles from about 2 km to the front way of the water-related civil petition office located in the water-related district in Yangsan-si under the influence of 0.108% of alcohol while under the influence of alcohol without a driver’s license around 22:15 on April 13, 2016.

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 convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 12) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Code for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3) of the Criminal Code (see, e., Supreme Court Decision 2007Da1448, Apr.

In light of the fact that there is no particular reason to consider the motive or circumstance, there is no meaning that the defendant's prior action against the defendant is more meaningful when comprehensively taking into account the risk of personal and material damage, the repetition of the crime, the risk of recidivism, and the drinking volume of 0.108%, etc.: Provided, That in addition to various circumstances such as reflective attitude as shown in the records and arguments, the punishment shall be determined like the order, taking into account the various circumstances, such as the degree of reflection as

arrow