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(영문) 울산지방법원 2020.01.15 2019고단3767
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 April 26, 2010, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Ulsan District Court.

On September 23, 2019, at around 22:20, the Defendant driven a motor bicycle at approximately 1 km from the roads near the Southern-gu Office in Ulsan-gu to the same front of the Gu, where he/she was under the influence of alcohol 0.171% of blood alcohol concentration.

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. Written statements prepared in D;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Criminal history records, inquiry reports, pre-dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes of a 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 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 revealed in the records, such as blood alcohol concentration and values, the distance of drinking alcohol driving, 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.

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