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(영문) 울산지방법원 2016.07.22 2016고단1354
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 24, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on December 16, 2013, the Defendant was sentenced to a fine of seven million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Branch, and on April 30, 2015, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch.

Although Defendant was punished for driving under drinking more than twice as above, Defendant 1 driven C passenger cars under the influence of alcohol content of 0.098%, without obtaining a driver’s license in the section of approximately 30 meters from the area near the 10:33 U.S., U.S., U.S., U.S., U.S., U.S., U.S., and U.S., U.S., U.S. (hereinafter “U.S.”), on January 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to inquiries, such as a report on investigation (Attachment to the same type of ruling) and criminal history;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crimes of violating the Road Traffic Act with heavier punishment between both crimes and heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. The punishment imposed for repeated punishment for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the reduction of the amount of punishment has been repeatedly imposed during the period of suspension of execution, and thus, the punishment is imposed. However, the punishment is determined as ordered by taking into account the following factors: (a) the fact that the defendant is seriously against the defendant; (b) the circumstances leading up to the crime are somewhat considered; and (c) the defendant’s age, character and conduct, environment, etc.

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