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(영문) 울산지방법원 2018.08.02 2017고단3282
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On July 23, 2007, the Defendant was sentenced to a summary order of a fine of KRW 4 million due to a violation of road traffic law (driving), etc. on the part of the Seogu District Court, and on December 22, 2010, the Defendant was sentenced to a suspended sentence of six months on the grounds of a violation of road traffic law (driving) at the Busan District Court, and was sentenced to a suspended sentence of six months on May 29, 2015. The Defendant was sentenced to six months on the ground of a violation of road traffic law (driving of alcohol) at the Suwon District Court, and was sentenced to a suspended sentence of six months on the part of the Suwon District Court on May 29, 2015, and completed the execution of the sentence at a female correctional institution on November 26, 2015, and

On August 24, 2017, the Defendant driven a BNEW franchise with a alcohol level of 0.096% under the influence of alcohol level of 0.096% while under the influence of alcohol leveling from approximately 3 km to the mountain ginseng located in the same Eup and Myeonndong-gu, Ulsan-gu, Ulsan-si, Ulsan-do.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of the driver's license in the principal place, the driver's license ledger, and the making of any chassis;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is the criminal investigation agency for the crime of this case, but the defendant again went to commit the crime of this case even though he was sentenced to criminal punishment for drinking and driving without a license, including the repeated offense committed in the judgment, and the defendant's present whereabouts are unknown, and other circumstances, such as the defendant's age, sexual behavior, environment, motive, means, consequence, etc., such as the crime, are taken into account, and the punishment is determined as ordered.

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