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(영문) 울산지방법원 2020.03.25 2019고단4617
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On October 25, 2010, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Ulsan District Court.

On November 6, 2019, at around 23:35, the Defendant started from the parking lot of the building B in Ulsan-gu, Ulsan-gu, Seoul-do, and driven C rocketing car with the blood alcohol concentration of about 0.185% under the influence of alcohol in the section of approximately 2 km from the 2km of the same Kusan-dong.

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 results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, reply 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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