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(영문) 울산지방법원 2014.06.13 2014고단922
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 3, 2009, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court due to a crime of violation of the Road Traffic Act (driving) and a summary order of KRW 3 million by the same court on January 31, 2011.

피고인은 2014. 3. 25. 22:09경 울산 북구 호계동 호계쭈꾸미 앞길에서부터 같은 동에 있는 황금참치 앞길에 이르기까지 약 200m 구간에서 혈중알콜농도 0.164%의 술에 취한 상태로 B 뉴 클릭 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had been sentenced twice for the same kind of criminal record, again operated a motor vehicle in a drinking state and went to commit the instant crime. Considering the Defendant’s criminal records, the blood alcohol concentration at the time of the instant case

However, the sentence is imposed as ordered in consideration of the fact that the defendant's mistake is divided and reflected, and that there is no past record of punishment that exceeds the fine due to the same criminal record, and other various sentencing conditions such as the character, conduct and family relationship of the defendant are comprehensively considered.

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