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(영문) 울산지방법원 2020.02.05 2019고단4401
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 August 29, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Chuncheon District Court's territorial branch on August 29, 2012.

On October 24, 2019, at around 03:31, 2019, the Defendant driven a D-to-purn-purged car with approximately 24km alcohol level 0.163% under the influence of alcohol level on the front of the C Hospital located in Yangsan-si, Busan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant led to the crime of this case and repents, that the defendant has a history of driving under influence once, that additional traffic accidents, etc. have not occurred due to the defendant's drinking driving of this case, and all other circumstances recorded in the records, such as blood alcohol concentration and alcohol level at the time of the defendant's committing the crime, the distance of drinking alcohol level, age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after committing the crime, etc.,

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