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(영문) 울산지방법원 2020.11.18 2020고단3235
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On July 17, 2020, at around 04:20, the Defendant driven a F 110cc mixed NBC110 Oba, while under the influence of alcohol of about 200 meters from a section of approximately 0.229% of alcohol content to the front road of the pay parking lot located in Nam-gu, Nam-gu, Nam-gu, Ulsan-si, Seoul.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement, state-taking driver's statement, circumstantial statement, and records of the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Where the sentencing criteria are not set;

3. Determination of sentence: Determination of sentence of a fine of KRW 6 million, together with the sentencing circumstances for the defendant, shall be made in the same manner as the order, comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, growth process, character and conduct, living environment, circumstances after the crime, etc., and the circumstances after the crime.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of others as well as his/her own, and the circumstances favorable to the operation of otoba in the state that the blood alcohol level exceeds 0.2%: The defendant is against himself/herself, and there is no record of the same kind of crime.

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