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(영문) 울산지방법원 2020.06.19 2019고단4900
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On June 9, 2010, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On November 16, 2019, at around 08:45, the Defendant driven CMW car under the influence of alcohol with approximately 8km alcohol concentration of about 0.059% from the road in front of Ulsan-gu, Seoul-gu, the residence of which is 08:45, to the road near the industrial tower located in the same city, Nam-gu.

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. The application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of crackdown on drinking driving, report on the circumstantial statements of a drinking driver (pre-posted records), criminal records, and investigation reports (report attached to the same kind of power);

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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 (legal punishment: imprisonment for a period of not less than two years but not more than five years, or a fine of not less than ten million won and not more than 20 million won) has been sentenced once to a fine for a like drinking crime; however, the criminal act in this case has been led to the confession of the crime in this case; the mistake has been divided as well; the criminal act in the same kind has been punished not later than 10 years; the minor has no record of being punished for other crimes; the minor has been raised; the defendant's age, environment, blood alcohol concentration and driving level; and other factors of sentencing have been taken into account, such as the defendant's age, the distance, and the conditions after the crime.

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