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(영문) 울산지방법원 2020.04.09 2019고단4438
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

On January 30, 2012, 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 October 12, 2019, at around 06:50, the Defendant driven an Epoter cargo vehicle while under the influence of alcohol content of about 0.050% at the section of approximately 1k for approximately 1m of alcohol in front of the D exhibition hall located in the same Gu C, on the front of the building, Ulsan-gu B.

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. Statement on the circumstantial statement of the principal driver, and blood alcohol appraisal statement;

1. Application of Acts and subordinate statutes of one copy of criminal records, reply reports, 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 for a crime;

1. Articles 53 and 55 (1) 6 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and reflects his mistake, and there are no criminal records other than the fine imposed once for drunk driving in 2012, and the crime of this case constitutes so-called the so-called night driving, and the drinking alcohol level is not high (0.036% at the time of the smoking measurement), and all other circumstances indicated in the records, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc. are determined as ordered.

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