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(영문) 울산지방법원 2020.07.24 2020고정300

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On December 8, 2006, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】 On January 16, 2020, at around 20:47, the Defendant driven a rocketing car under the influence of alcohol leveling 0.038% from a section of about 1km from the area near C Hospital in Ulsan-gun, Ulsan-si to the entrance of the D Village in Ulsan-gun, Ulsan-do.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the crackdown on drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the results of the crackdown on drinking driving;

1. Previous records: The application of inquiry reports and investigation reports (Attachment to the same type of crime records) and statutes, such as criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Articles 53 and 55 (1) 6 of the same Act (excluding the previous conviction in the market, only one year of a fine for a long time, the degree of blood alcohol content is low, the degree of reflect

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;