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(영문) 울산지방법원 2017.03.22 2017고단57
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 30, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Ulsan District Court on November 30, 2009, and a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking) at the Ulsan District Court on September 24, 2012.

Nevertheless, on December 28, 2016, the Defendant, at around 21:10, driven a motor vehicle under the influence of alcohol again while under the influence of alcohol by a person who violated Article 44(1) of the Road Traffic Act by driving a e-sports vehicle at approximately one kilometer in the section of approximately 0.063% of alcohol content during blood while under the influence of alcohol at least two times from the Do in front of a hybrid in the Namsan-gu, Ulsan-gu, Busan-do to the road in front of the same Samsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the criminal history of the suspect) statute;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the fact that the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the blood alcohol concentration in the blood is not so high, the previous drinking driving power in the past is only two times except for this case, and the interval of drinking crimes [the instant case] at the time of drinking driving.

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