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(영문) 울산지방법원 2015.10.29 2015고단1971

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 30, 2015, the Defendant, while under the influence of alcohol at 0.241% of blood alcohol concentration, driven a section of about 500 meters from the vicinity of Yangsan City to the front road at the entrance of Yangsan City, Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is one time, and the fact that drinking alcohol has high level is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the fact that there is no other criminal records other than the records of a fine for drinking driving once in 2011, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character and behavior, environment, place and distance of drinking driving, the circumstances after drinking driving, etc.