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(영문) 울산지방법원 2021.03.31 2020고단5230
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Records] On March 28, 2018, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law (driving) at the Ulsan District Court.

[Criminal facts] On November 13, 2020, the Defendant driven D Daco car under the influence of alcohol concentration of approximately 0.183% in a section of about 100 meters from the Ulsan-gu B's adjacent road to the same Gu C's adjacent 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. Report on the circumstances of driving at drinking, inquiry into the results of crackdown on driving at drinking, report on the circumstances of the driver at drinking, investigation report (report on the circumstances of the driver at driving at drinking), and investigation report (verification of the operating section and distance);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the background of driving of drinking alcohol in this case, degree of alcohol alcohol during blood, driving distance, occurrence of a traffic accident, time interval with the same kind of crime committed before, and frequency of the same crime, and the defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime shall be determined as ordered by the order.

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