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(영문) 울산지방법원 2020.03.18 2019고단4495
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 22, 2010, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Busan District Court's branch court.

On November 2, 2019, at around 06:12, the Defendant driven a car in a state of 0.047% alcohol concentration in approximately 4 km section from Ulsan-gun B through C to the front road located in D, and driven the car.

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 statement of the situation of drinking drivers;

1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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;

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 Article 334(1) of the provisional payment order is to be determined as ordered by taking into account all the circumstances shown in the records such as blood alcohol concentration and values, the distance of drinking alcohol, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the defendant's occurrence of additional damage, such as traffic accidents, etc. due to drinking driving in this case.

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