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(영문) 울산지방법원 2019.10.31 2019고단2997
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 28, 2014, 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.

around 22:03 on July 26, 2019, the Defendant driven a D body-man car with approximately 150 meters alcohol concentration 0.047% under the influence of alcohol from the front road of Yangsan City to the front road of C apartment.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Previous convictions in judgment: Application of one copy of the criminal records and summary order;

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

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is only one time prior to being punished for driving under the influence of the defendant, it again leads to the crime of this case. On the other hand, the degree of drinking of this case is minor and short of driving distance, and other conditions of sentencing indicated in the record such as the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, and circumstances after the crime shall be comprehensively considered to determine the same punishment as the order.

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