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(영문) 울산지방법원 2021.03.31 2020고단5308
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On November 8, 2020, the Defendant driven B-learning automobiles with alcohol level of 0.152% during blood alcohol level around 00:45 on November 8, 2020, and was charged with a summary of violation of Road Traffic Act (driving) at the Ulsan District Court on November 23, 2020.

[Criminal facts] On November 20, 2020, the Defendant driven a B-learning car under the influence of alcohol of about 0.187% from the 50-meter section from the front of the building in Ulsan-gun, Ulsan-gun, Seoul to the front of the D-do road.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the statutes written in summary of indictment;

1. Article 148-2(1) and Article 44-2(1) of the Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts; the selection of fines

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is to determine the sentence as ordered in consideration of all the factors such as the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

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