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(영문) 울산지방법원 2020.01.08 2019고단3246

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On August 11, 2011, the Defendant issued a summary order of a fine of two million won at the Ulsan District Court for a violation of the Road Traffic Act.

On July 26, 2019, at around 23:25, the Defendant driven Done Star Co., Ltd. at approximately 2 km section from the front of the Busan District Court Yangsan registry office to the front of the B apartment complex in the same Si apartment complex, while under the influence of alcohol of about 0.114%.

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 criminal history records, inquiry reports, and investigation reports (report on confirmation of the same type of force);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order lies in the confession of all the crimes in this case and is divided, the defendant has a driving record only once, and any additional traffic accident, etc. has not occurred due to the defendant's drinking driving: Provided, That the punishment as ordered in the Disposition shall be determined by taking into account the following circumstances, including the poor circumstances after the crime, the degree of blood alcohol concentration and alcohol concentration, the distance, age, character and conduct, the environment, motive and consequence of the crime, and all other circumstances shown in the records at the time of the defendant's committing the crime;