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(영문) 울산지방법원 2020.09.09 2020고단2368
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 November 19, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-cheon Branch.

On May 29, 2020, at around 03:29, the Defendant: (a) driven a DNA rocketing car with a blood alcohol concentration of 0.081% in the 6km section from the building parking lot in Ulsan-gu, Ulsan-gu to the front road of the said building C, and again violated the prohibition of drunk driving twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement on the state of drinking drivers;

1. Application of criminal records, etc. inquiry reports, investigation reports (verification of suspect A and records of drinking driving), summary order Acts and subordinate statutes;

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 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 committing the crime, the defendant's history of drinking driving is one time a fine, and the defendant does not cause any additional damage, such as traffic accidents, etc. due to drinking driving in this case.

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