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(영문) 울산지방법원 2020.10.08 2020고단1131
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of eight million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 28, 2011, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Ulsan District Court on September 201, 201, and on September 20, 2017, a summary order of KRW 1.5 million for the same crime at the same court.

【Criminal Facts】

On 00:08 on 16. 003.16., the Defendant driven a F typ car in the state of alcohol alcohol concentration of about 0.120% at a section of about 300 meters from the front of the C cafeteria located in Yangsan City to the front of the Evalescent Hospital located in D.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

On September 28, 2011, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and on September 20, 2017, the Ulsan District Court issued a summary order of KRW 1.5 million from September 20, 2017 to a fine of KRW 1.5 million due to a violation of the Road Traffic Act.

In addition, the defendant was prosecuted by the Ulsan District Court on March 25, 2020 for the violation of the Road Traffic Act (Minginging-out Driving) and is under trial.

【Criminal Facts】

At around 03:50 on July 12, 2020, the Defendant driven a motor vehicle with a fest drive without a driver’s license, while under the influence of alcohol content of approximately 0.081% from a 150-meter section from the front of the “H” restaurant located in Gyeyang-si G to the front of the J-si restaurant located in I.D.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. The application of criminal history records, reply reports, investigation reports, and statutes;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Violation of the Road Traffic Act of July 12, 2020 (the crime of drinking and driving) by the ordinary concurrent crimes under Articles 40 and 50 of the Criminal Code.

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