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(영문) 울산지방법원 2020.05.21 2019고단4461
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 September 4, 2009, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act by the Ulsan District Court, and was sentenced to a fine of seven million won on December 23, 2009 by the same court.

On October 27, 2019, at around 06:54, the Defendant driven an E-burged car with approximately 7.5km alcohol concentration of about 0.047% from the front of the Defendant’s house located in Ulsan-gu B to the front of D located in Ulsan-gu, Ulsan-gu, Seoul-do.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement, inquiry into criminal records, and the application of each statute of the judgment to the defendant's report on his/her circumstantial statements as a result of regulating drinking driving;

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

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 to the order of provisional payment shall be determined by taking into consideration the circumstances leading to the driving under influence of alcohol, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;

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