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(영문) 울산지방법원 2020.06.24 2019고단5013

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On August 11, 2010, the Defendant received a summary order of KRW 1,500,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On November 22, 2019, at around 06:02, the Defendant driven a D low-speed car with approximately 100 to 200 meters alcohol concentration 0.146% under the influence of alcohol at the section of approximately 100 to 0.200 meters from the road near Ulsan-gu B, Ulsan-gu to the front road of Ulsan-gu C.

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. A survey report and photographs (six copies);

1. Report on the results of the crackdown on drinking driving and the statement on the state of drinking drivers;

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (Attachment to judgments on criminal records of the same kind);

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 the following circumstances: (a) the accused has led to the confession of the crime in this case and has been repented; (b) the accused has a history of driving alcohol once; and (c) the accused has inflicted physical damage due to the driving of alcohol in this case; and (d) the accused has inflicted physical damage due to the driving of alcohol in this case; and (e) the accused has shown in the records such as blood alcohol concentration and alcohol level