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(영문) 울산지방법원 2018.09.21 2018고단2300
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

Criminal facts

【Criminal Records of Crimes】 On December 21, 2016, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating road traffic laws at the Ulsan District Court on December 21, 2016. On July 30, 2018, the Defendant filed a claim for a summary order of KRW 4 million for a crime of violating road traffic laws at the Seoul Southern District Court on July 30, 2018.

【Criminal facts】 The Defendant, as a person who violated the provision on the prohibition of driving under the influence of alcohol twice or more, once again, driven a BA7 vehicle while under the influence of alcohol with approximately 0.078% alcohol concentration in approximately 50 meters from the alley to the front road in Ulsan-gu, Ulsan-gu, Seoul-do around August 1, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a written inquiry inquiry, such as criminal history, report on the result of confirmation of the previous conviction before and after the disposition, and report on investigation (Attachment to a summary order of the suspect's driving record);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. While driving under the third sentence of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order, the amount of alcohol concentration in blood is not high, and punishment records other than the criminal records as indicated in the judgment do not constitute a crime, and the defendant reflects the wrong.

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