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(영문) 울산지방법원 2020.02.05 2019고단3521
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 February 21, 2007, the defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

At around 21:05 on August 14, 2019, the Defendant driven C Eccoo vehicle under the influence of alcohol concentration of 0.102% at a 30-meter section of the front road in Yangsan-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of two copies of criminal history records, reference reports, investigation reports, and summary order;

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has led to the crime of this case and has been repented, that the defendant has a history of driving under influence once, that additional traffic accidents have not occurred due to the defendant's drinking driving, etc., and the defendant's overall 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, shall be comprehensively taken into account all the circumstances revealed in the records, such as the defendant'

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