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(영문) 울산지방법원 2020.06.11 2019고단4901
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 April 26, 2010, the Defendant issued a summary order of a fine of one million won at the Ulsan District Court for a violation of the Road Traffic Act.

On November 13, 2019, at around 09:45, the Defendant driven an ENAS car at a section of about 30 meters of blood alcohol concentration from around C office in Ulsan-gu B to the vicinity of D located in the same Dong, while under the influence of alcohol content of about 0.069%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the record inquiry into criminal records, and investigation reports (report attached to the same kind of power) on the records of crackdown on drinking driving under the influence of alcohol;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, and selection of fines;

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 to the order of provisional payment shall be determined by taking into consideration the circumstances leading to the driving under influence of alcohol, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;

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