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(영문) 울산지방법원 2016.10.11 2016고단2663
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 23, 2009, the Defendant was sentenced to a suspended sentence of 8 months by the Ulsan District Court for a violation of the Road Traffic Act, etc., and was sentenced to a suspended sentence of 10 months by the same court on December 2, 2010.

On August 2, 2016, at around 07:08, the Defendant driven a FK9 car from around 1km to around 0.21% of the 0.21% alcohol level in Ulsannam-gu, Ulsan Metropolitan City, the Red Sea, and the East East East East-dong, to the rear side of the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition investigation, and a field map;

1. Each photograph;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. A report on investigation;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) even though the Defendant had been sentenced to punishment for the same kind of crime and had had a record of punishment several times, the Defendant scambling another vehicle parked on the way while driving the vehicle under the influence of alcohol; and (b) the Defendant is punished by a penalty on the ground that the degree of taking the principal of

When determining the term of punishment, the defendant supports the mother of the defendant, and the main employees want to keep the defendant's wife in good faith while operating the main points, and take into account the age, character, conduct and environment of the defendant and all the conditions of the punishment.

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