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(영문) 울산지방법원 2018.04.11 2017고단4254
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2016, the Defendant was sentenced to 8 months of imprisonment and a fine of 500,000 won by obstructing the performance of official duties at the Ulsan District Court, and completed the execution of the sentence at the port prison on December 17, 2016.

On the other hand, on November 10, 2008, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of road traffic laws at the Ulsan District Court on the other hand, and on December 19, 2008, the Defendant was sentenced to imprisonment for six months for a violation of road traffic laws at the same court on December 19, 2008.

On November 2, 2017, the Defendant driven a C-wheeled vehicle under the influence of alcohol content of 0.204% in blood, with a road of about 200 meters in a distance of night in the same Dong and a distance of night in the vicinity of the Ulsan-dong P-dong Pung-dong, Ulsan-gu.

As a result, the Defendant again driven the said car while under the influence of alcohol, as a person who violated the prohibition of drinking twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and investigation report;

1. Responses to requests for appraisal and results thereof;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and personal identification-related Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is an offense for which the sentencing criteria is not set.

The fact that the defendant makes a statement that he/she confessions and is against depth, that he/she has not suffered direct damage to others, and that he/she is not a crime of repeated crime due to the same criminal record, is favorable to the defendant.

However, the Defendant was committing a very dangerous crime committed against the traffic island while driving the Oral Sea with extremely high alcohol concentration in blood.

Therefore, it could lead to a major personnel accident.

On the other hand, the defendant has a lot of criminal experience.

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