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(영문) 울산지방법원 2020.04.21 2019고단5104
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 October 31, 2007, the Defendant received a summary order of KRW 1,500,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

On November 30, 2019, at around 06:56, the Defendant driven DK5 car under the influence of alcohol with approximately 5km alcohol concentration of about 0.060% from the front of the Myeon Office located in the B-dong of Ulsan-gun, Ulsan-gun to the front of the rest area of C in the same Gun.

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 and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the previous order and related 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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the fact that the defendant acknowledges and reflects the mistake of self-defense, the defendant was punished once for drunk driving, but there is no record of criminal punishment for more than 12 years thereafter, and the crime of this case constitutes so-called so-called night driving, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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