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(영문) 울산지방법원 2016.03.10 2016고단94

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On October 18, 2007, the defendant was notified of a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court, and on August 26, 201, a summary order of a fine of 2.5 million won for the same crime from the Busan District Court's Dong Branch Branch.

Criminal facts

On January 3, 2016, around 20:55, the Defendant driven C rocketing car in the state of alcohol content of about 0.053% from the 700-meter section to the front way of the second apartment to the front way of the string apartment in the same Ri on the world where the mass acid in the water-Eup in Yangsan-si is easy.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the result of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. References to inquiries, such as criminal history, and application of the Act on Report of Investigation;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1)) of the Criminal Procedure Act (amended by Act No. 334); the reason for sentencing of Article 334(1) is not high; the support for the young children during the individual rehabilitation procedure (unfavorable circumstances); there are many criminal records identical to the same; and the fact that the crime