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(영문) 울산지방법원 2020.08.20 2020고단188
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 December 1, 2006, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act at the Ulsan District Court on December 1, 2006.

At around 07:50 on December 28, 2019, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol of about 0.032% of blood alcohol concentration at the section of about 10km from the front day of Ulsan-gu B apartment to the middle-gu waterway in Ulsan-gu flood.

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

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, the record inquiry into criminal records, and the investigation report (verification of the same attached records) on the criminal records of his/her opening of oral statement and the control of drinking driving;

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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