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(영문) 울산지방법원 2020.08.21 2020고정427

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 December 16, 2019, at around 04:25, the Defendant driven a two-wheeled automobile under the influence of 0.212% of blood alcohol concentration at approximately 50 meters from the 50-meter section to the front road located in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a request for appraisal, report on internal investigation (verification of motion pictures for collecting blood of a suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Feb. 21, 2009) (see, e.g., Supreme Court Decision 2009Da12484, Apr. 2, 201);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;