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(영문) 울산지방법원 2017.11.16 2017고단3283
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant issued a summary order of KRW 3 million on May 23, 2008, to a fine of KRW 3 million on the grounds of a violation of road traffic law, etc. at the Busan District Court’s Busan District Court’s Branch Branch on May 23, 2008, and a fine of KRW 3 million on November 30, 2015, at the Ulsan District Court’s Busan District Court issued a summary order of KRW 3 million.

【Criminal Fact-finding on August 20, 2017, the Defendant driven BM5 vehicle under the influence of alcohol content of 0.070% while under the influence of alcohol without obtaining a driver’s license from around the modern sea near Ulsan-gu, Ulsan-gu to the route of the new-dong industrial tower.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education is that the Defendant had had the ability to drive alcohol without a license for drinking alcohol in this case even if he had the previous two times, considering the following: (a) the Defendant’s repeated driving of the instant drinking without a license for drinking alcohol in this case is disadvantageous; (b) the degree of alcohol content in blood is not high; (c) the Defendant’s drinking without a license for drinking alcohol in this case was caused to

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