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(영문) 울산지방법원 2020.09.09 2020고단2506
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 June 11, 2020, the Defendant driven the EW125 motorcycle at a distance of approximately 200 meters from the front of “C” located in Ulsandong-gu B, Ulsan-gu to the front of the same building in front of the same Gu, while under the influence of alcohol concentration of about 0.227%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written reports on the results of the control of drinking driving and the circumstantial statements of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act in the case of the option of punishment;

1. Articles 53 and 55 (1) 6 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include all the circumstances revealed in the records, such as blood alcohol concentration and alcohol level, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the defendant's act of driving under the influence of alcohol, the defendant has no record of driving under the influence of alcohol, and the defendant does not cause any additional damage, such as traffic accident, etc. due to the driving under the influence of alcohol in this case.

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