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(영문) 울산지방법원 2020.11.18 2020고단3915
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 23, 2010, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On July 17, 2020, at around 16:04, the Defendant driven a D food car in the state of alcohol alcohol concentration of about 0.158% from the front of the C Hospital located in Yangsan-si B to the front of the Plsan-si, Yangsan-si, Yangsan-si.

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. The actual condition survey report;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of one copy of the criminal history record, reference report, investigation report, and 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;

1. Articles 53 and 55 (1) 6 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 indicated in the records, such as blood alcohol concentration level by the defendant, the distance of drinking alcohol level, age, character and conduct, environment, motive, means and consequence of the crime, and the situation after the crime, etc.

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