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(영문) 울산지방법원 2016.11.02 2016고단3271
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 22, 2007, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Ulsan District Court on August 22, 2007, and on August 13, 2012, a fine of two million won for the same crime at the Busan District Court’s Dong Branch Branch Branch, and on May 24, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Ulsan District Court.

On August 31, 2016, at around 23:55, the Defendant driven a Clearning car under the influence of alcohol content of approximately 200 meters from the section of approximately 200 meters of blood alcohol to the front road of Samsung name apartment, as seen earlier, from the 200-meter section of the Samsung name apartment.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of criminal records and investigation reports (No. 18);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the grounds for punishment] of the same crime committed several times including suspended sentence for the same crime, and the crime in this case was committed again, but the motive or circumstance of the crime cannot be found, and the defendant's prior action against the defendant is no longer meaningful when comprehensively considering the risk of drunk driving or the risk of re-offending, etc., but the punishment shall be determined as ordered in light of various circumstances such as record and pleading attitude, drinking water, driving distance, etc.

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