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(영문) 울산지방법원 2020.04.21 2020고단184

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 July 2, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Ulsan District Court on July 2, 2009.

On October 04, 2020, at around 10:16, the Defendant driven an Ebtaf vehicle while under the influence of alcohol content of 0.053% from the 1km section to the D agency located in the same Gu C from the south-gu B apartment near Ulsan-gu, Ulsan-gu to the D agency located in the same Gu C.

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. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to the investigation report (same-class power);

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 for a crime;

1. Articles 53 and 55 (1) 6 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and reflects his mistake, and there are no criminal records other than that subject to a fine of ten years prior to the imposition of a fine. The crime of this case is so-called the so-called night driving, and other circumstances revealed in the records, such as blood alcohol concentration and drinking driving distance, the defendant's age, character and conduct, environment, and circumstances after the crime, etc., shall be determined as per the order.