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(영문) 울산지방법원 2020.06.11 2019고단5176
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On January 12, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in Ansan District Court's Ansan Branch on January 12, 2016.

【Criminal Facts】

On December 3, 2019, at around 21:00, the Defendant driven an E 7-car under the influence of alcohol concentration of approximately 0.081% in a section of approximately 300 meters from the front of a restaurant in Ulsan-gun B to the front of a D village.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 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 fact that there exists a record of being sentenced to a fine once (2016) for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no other criminal record, the fact that the vehicle is sold and the crime is divided, and the circumstances of drinking alcohol and drinking driving, etc. are considered;

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