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(영문) 울산지방법원 2020.01.15 2019고단3670

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 14, 2011, the Defendant was sentenced to a fine of KRW 700,00 to a violation of the Road Traffic Act at the Ulsan District Court on February 14, 201.

On August 29, 2019, at around 02:20, the Defendant driven a motor vehicle from the Do adjacent to the C cafeteria in Ulsan-gu B to the front road of the D building, E-to-purd vehicle with a blood alcohol concentration of about 0.068% under the influence of alcohol level from around 1km to the road of the D building.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports on photographs, the results of the crackdown on drinking driving, and the circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes of one copy of the criminal history record, inquiry report, and summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is to be determined as ordered by taking into account all the circumstances revealed in the records, such as the following: (a) the accused has led to the instant crime and is repented; (b) the accused has a history of driving alcohol once; and (c) the accused has not suffered additional damage, such as traffic accidents, due to the driving under influence of the accused; and (d) the accused has not taken into account the degree of blood alcohol concentration at the time of the crime, the distance and age of drinking driving, character