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(영문) 울산지방법원 2019.11.21 2019고단3416
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 11, 2015, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Ulsan District Court.

On September 1, 2019, at around 23:00, the Defendant driven a FM6 vehicle with a blood alcohol concentration of about 0.061% in a section of about 500 meters from the front of the C cafeteria located in Ulsan-gu B to the front of the E cafeteria located in the same 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. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

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 rationale for sentencing under Article 334(1) of the Criminal Procedure Act is to acknowledge the facts charged, the blood alcohol concentration is relatively high, and the fact that there is no previous conviction exceeding a fine is favorable to the defendant.

On the other hand, it is disadvantageous to the defendant that he had a previous and one time of drinking driving.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.

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