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(영문) 울산지방법원 2017.01.10 2016고단3976
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 6, 2016, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), and on July 14, 2016, the Defendant appealed after having been sentenced to a suspended sentence of six months for the same crime, etc. at the same court, which was sentenced to a suspended sentence of two years on July 14, 2016, but was dismissed on October 14, 2016, and the said judgment became final and conclusive around that time.

On August 16, 2016, the Defendant was a person who has violated Article 44(1) of the Road Traffic Act more than twice, and operated a CF small-scale car with the efnasty in the state of alcohol concentration of 0.140% under the influence of alcohol during blood, 0.140% at around 16:00 on August 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Each report on investigation;

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

1. The driver's license ledger and the driver's license ledger;

1. Notification of the results of regulating the driving of drinking alcohol, a statement of the circumstances of the driver of drinking alcohol, and notification of the completion of correction;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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 (Options of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount have the history of having been punished several times for the same kind of crime, and as stated in its reasoning, the defendant again committed the crime at least one month after being sentenced to suspended execution due to the crime.

As to the background of drinking driving, the Defendant made a false statement with the police investigation to the effect that he was parked only by the request of the wife, and the latter reversed the previous statement to the effect that he was driving a drinking in order to make the market in the absence of any special reason after drinking.

was stated.

2.2

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