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(영문) 울산지방법원 2020.05.27 2020고단269
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 August 27, 2007, the defendant was issued a summary order of a fine of two million won by the Ulsan District Court for a violation of the Road Traffic Act.

On January 13, 2020, at around 10:50, the Defendant driven C QM6 vehicles under the influence of alcohol with approximately KRW 7km alcohol concentration of about 0.048% in the section of approximately 7km from the Ulsan-gu B apartment parking lot to the reduction tree dust distance located in Ulsan-gu two king.

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 circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes, such as a report on investigation (report on confirmation of the same kind of power), criminal history records, and references to criminal records;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include all the circumstances revealed in the records such as blood alcohol concentration level by the defendant at the time of the crime, the distance of drinking alcohol level, age, character and conduct, character and environment, motive, means and consequence of the crime, and the situation after the crime, etc., in full view of the following: the defendant has led to the crime in this case and has the records of driving under influence once; the defendant caused the crime in this case; the circumstances leading to the crime in this case; the defendant did not cause any additional damage such as traffic accident, etc.

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