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(영문) 울산지방법원 2015.10.29 2015고단2199
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 10, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on May 15, 2008.

On August 28, 2015, at around 00:25, the Defendant driven a B B B B B B B-B-20 vehicle under the influence of alcohol content of about 0.073% from the section of about 100 meters in front of the fireworks located in the same Dong to the top of the fireworks located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is driving under the influence of two times and the nature of the crime is not good. However, the punishment is determined as ordered in consideration of various sentencing conditions as shown in the records, such as the defendant's favorable circumstances, such as the fact that the defendant is under the influence of drinking, the fact that the drinking alcohol level has no record of criminal punishment for the last seven years (the second time driving force is not high) and there is no record of criminal punishment, and other circumstances that are favorable to the defendant, such as the defendant's age, character and behavior, environment, distance of drinking driving, etc.

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