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(영문) 울산지방법원 2020.08.19 2020고단1974

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On March 28, 2020, at around 22:20, the Defendant driven a DM car with a blood alcohol concentration of about 0.089% from a 40-meter section around the entrance of the apartment house in Ulsan-gu, Ulsan-gu, Seoul-gu, to the front day of the apartment house C, while under the influence of alcohol level of about 0.089%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 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 one copy of the summary order (No. 18) to criminal records, etc., investigation reports (Attachment to the summary order of the same case as a suspect A), and the Ulsan District Court 201 High Court 201 High Court 1785;

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) 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 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 shown in the records such as blood alcohol concentration and values, the distance of drinking alcohol, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the defendant's committing the crime, the defendant's history of drinking driving is one time a fine, and the defendant does not cause any additional damage, such as traffic accidents, etc. due to drinking driving in this case.