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(영문) 울산지방법원 2020.10.14 2020고단3370

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On March 12, 2020, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On July 12, 2020, at around 04:59, the Defendant driven an E-Belgium car with approximately 3 km section from the front of the Cju shop in Ulsan-gu B to the front of the same Gu D, while under the influence of alcohol concentration of about 0.119%.

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 statement on the state of drinking drivers;

1. Application of Acts and subordinate statutes to a report on investigation (verification of previous records of the same kind), criminal records, and inquiry;

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 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 led to the crime of this case and is repented, that the defendant has a history of driving under influence once (the crime of 2019, fine) and that the defendant did not cause additional damage, such as traffic accident, due to the driving under influence of this case, and that the defendant did not cause additional damage, such as blood alcohol concentration and alcohol level at the time of the crime, the distance of driving under influence of alcohol, age, character and conduct, environment, motive, means and consequence of the crime, etc. as ordered in full consideration of all the circumstances revealed in