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(영문) 울산지방법원 2020.03.11 2019고단4586

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 February 26, 2010, 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 September 21, 2019, around 00:30 on September 21, 2019, the Defendant driven B Esp vehicles with approximately 300 meters of alcohol concentration 0.167% while under the influence of alcohol level from the south-gu Office of Nam-gu to the long distance of the south-gu Office located in the same Dong.

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 control of drinking driving, report on the situation of drinking drivers, investigation report, replys to expert opinion and written expert opinion;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary order No. 2009 high-ranking24789 of the Ulsan District Act;

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 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 occurrence of additional damage, such as traffic accidents, etc. due to drinking driving in this case.