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(영문) 울산지방법원 2017.09.20 2017고단2780
도로교통법위반(음주운전)등
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 July 11, 2017, the Defendant, in front of the water cooperative located in Ulsan-dong, Ulsan-do, U.S. (Seoul-do) around 21:10, driven a motor vehicle from approximately 15km away from the 15km section to the front road of the U.S. In order to drive a motor vehicle with alcohol content of 0.154% during blood while under the influence of alcohol with alcohol content of 0.154%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that confession, reflect, and criminal records of the same kind have been issued (0.059% alcohol concentration in blood and 700,000 won in fine) in 2016;

1. Unfavorable circumstances: The short interval between the previous record of drinking and the previous record of drinking is short, the alcohol concentration in the blood is significant, and the driver is driving without a license.

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