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(영문) 울산지방법원 2020.01.08 2019고단3558
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 July 26, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's branch court.

On August 31, 2019, at around 01:30, the Defendant driven a Dschton car in the state of alcohol with approximately 20km alcohol concentration of about 0.05% from the 20km section to the roads of the Cridge located in Ulsan-gu, Ulsan-gu, Seoul-do.

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. Report on the results of the crackdown on drinking driving (including details of correction), the situation report on drinking drivers, the investigation report, and the written request for appraisal;

1. Application of Acts and subordinate statutes of one copy of criminal records, etc. inquiry report, investigation report (previous record and confirmation), 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant led to the crime of this case and repents, that the defendant has been punished for drunk driving once and there is no criminal record exceeding the fine, that there is no additional traffic accident due to the defendant's drunk driving, etc., and that there is no additional traffic accident due to the defendant's drunk driving, etc., the punishment should be determined as ordered by taking full account of all the circumstances shown in the records such as blood alcohol concentration level, the distance of drunk driving, age, character and conduct, environment, motive, means and consequence of the crime,

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