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(영문) 울산지방법원 2020.02.05 2019고단3834

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 May 27, 2015, the Defendant issued a summary order of a fine of one million won by the Ulsan District Court for a violation of the Road Traffic Act.

On August 25, 2019, at around 20:36, the Defendant driven a e-motor vehicle volume from “C” in Ulsandong-gu B to “C” in the front of Ulsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, while under the influence of alcohol with 0.

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 report on the situation of driving under drinking;

1. Application of Acts and subordinate statutes of one copy of each criminal history record, reference report, investigation report (report on the confirmation of the same kind of power), and summary order;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include all the circumstances revealed in the records such as blood alcohol concentration and values, drinking driving, age, character and conduct, environment, motive, means and consequence of the crime in this case, that the defendant has led to the crime in this case and is repented, that the defendant has no criminal record of punishment exceeding the fine once, and that there is no criminal record other than the fine; that additional traffic accidents have not occurred due to the defendant's drinking driving in this case; and that there is no additional traffic accident due to the defendant's blood alcohol concentration and alcohol concentration at the time of the crime in this case;