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(영문) 울산지방법원 2017.07.13 2016고단3263
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 25, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in Busan District Court’s Dong Branch Branch, and on January 29, 2015, the judgment was finalized on July 15, 2015 at Busan Correctional Institution.

[2016 Highest 3263] On August 21, 2016, the Defendant driven a cw high-class Ⅲ Cargo at approximately 30 km from the front of the Dong office located in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-gun, under the influence of alcohol content of around 06:5 on August 21, 2016, at around 06:21%.

[Attachment 4453] On December 11, 2007, the Defendant was sentenced to a fine of 2.5 million won at the Busan District Court for a crime of violating the Road Traffic Act (drinking). On August 21, 2016, the Defendant driven a motor vehicle while under the influence of alcohol.

On September 23, 2016, the Defendant driven a DK5 vehicle at a 2km section from the Do in front of the Sinnam-gun, Busan-gun, Busan-gun, the Do in front of the Sinnam-gun, to the three-distance restaurant located in the circuit, such as the same village from the Do in front of the Sinnam-gun, the Defendant was under the influence of alcohol content of 0.188% during blood transfusion.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, and driving a motor vehicle under the influence of alcohol again.

[2017 Highest 1865] On December 13, 2016, the Defendant assaulted the victim’s face and body by taking several steps against it on the ground that the victim E (68 years old) was at the place in Suwon-ro, 22:50, 677, Suwon-ro, Busan, for the reason that he/she was at the time of his/her her own knives.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Making a statement under the circumstances of each driver driving each week, and inquiring into the results of crackdown on drinking driving;

1. Investigation report (Investigation intoCCTV images);

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and applying the statutes of the judgment;

1. Article 148-2 (1) 1, Article 148-2 (2) 1, and Article 44 (1) (the point of driving under influence of alcohol) of the Road Traffic Act concerning facts constituting an offense;

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