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(영문) 울산지방법원 2017.07.03 2017고단1920
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 29, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and was sentenced to a suspended sentence of KRW 2.5 million for the same crime on October 19, 2012, in the support of Suwon Friwon, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for the same crime on October 25, 201, and was sentenced to a fine of KRW 5 million at the Ulsan District Court on October 25, 2016.

Defendant 2017

5. Around 21:15, the Plaintiff driven a vehicle with low alcohol level of 0.174%, while under the influence of alcohol at a section of about 50 meters in blood on the road of approximately 50 meters in front of the same Eup/Myeon, from around Ulsan-gun, Ulsan-gun, Ulsan-do, to the front day of the same street.

Accordingly, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) without a driver's license, and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions: Application of inquiries about criminal history, application of each written judgment or summary order by Acts and subordinate statutes;

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. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity [Consideration of sentencing] of the same type of crime (the following sentencing is taken into account] The criminal records have been punished several times, including two suspended sentence, and the repetition of drinking and drinking volume (0.174%) of the same type of crime, and the defendant should be given an opportunity to correct the defendant through isolation with society for a certain period of time when comprehensively considering the interval between the last and the same kind of crime. However, it is reasonable to give the defendant an opportunity to correct the defendant through isolation. However, the defendant is not a traffic accident accompanied by a traffic accident, and the circumstances of the crime are as follows: "The defendant was driven by his father because his father was about to drive alcohol as the same."

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