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(영문) 울산지방법원 2020.11.19 2020고단2882
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 28, 2006, the defendant was given a summary order of a fine of one million won by the Ulsan District Court for a violation of the Road Traffic Act.

Around 00:55 on May 6, 2020, the Defendant driven a D QM6 car under the influence of alcohol concentration of 0.177% in the front of the “C” road located in Ulsan-gu B, Ulsan-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. E statements;

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 was a record of being sentenced to a fine twice (204, 2006) due to drinking alcohol driving for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the above drinking alcohol driving has passed a long period from the above drinking alcohol driving, the fact that the person drives approximately one meter to get on board to the chief of the light attached to India after the substitute driving, the fact that the crime is divided, the defendant's occupation, age, etc.

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