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(영문) 울산지방법원 2017.09.14 2017고단2365
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on August 10, 2016, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act. On April 26, 2017, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act.

On June 26, 2017, at around 22:00, the Defendant driven C Poter truck with alcohol content 0.081% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from a section of about 500 meters in the vicinity of the gambropia in Yangsan-si to the front side of the same Si-toptoptopy.

As a result, the Defendant violated the prohibition on drinking under the Road Traffic Act not less than twice, and once again driven a motor vehicle without obtaining a driver’s license under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol.

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 in judgment: Inquiry about criminal history and application of investigation reports (netly 11) 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. It is reasonable to give the defendant an opportunity to correct the crime of this case through isolation with society for a certain period of time when comprehensively considering the fact that the crime of this case was committed for the same kind of crime under Article 53 and Article 55 (1) 3 of the Criminal Act (in consideration of the following sentencing), even though the punishment is being imposed for the same kind of crime under suspension of execution, or the repetition of the same crime, the risk of recidivism, etc.: Provided, That the defendant shall be sentenced to punishment as ordered by taking into account various circumstances, such as anti-sex attitudes, including the disposition of vehicles as shown in records and pleadings, the background of the crime, and the

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