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(영문) 울산지방법원 2020.01.14 2019고단3950
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 29, 2013, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

On September 12, 2019, at around 23:15, the Defendant driven a car in the state of alcohol alcohol concentration of approximately 0.101% from the 3km section of approximately 3km to the 49 unmanned Flight Test Station, from the C Burial in Yangsan City, to the same Si-Eup Busan High School.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

1. Articles 53 and 55 (1) 6 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 the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized, and the fact that there is no criminal record exceeding the fine is favorable to the defendant.

On the other hand, the fact that blood alcohol concentration is high and that one time before drinking driving is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.

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