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(영문) 울산지방법원 2020.06.04 2020고단128
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 October 22, 2013, the Defendant received a summary order of KRW 2,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On December 31, 2019, at around 09:30, the Defendant driven a Dco or fex car under the influence of alcohol concentration of about 0.042% from the 1km section from the roads located in Ulsan-gu, Ulsan-do to the front roads located in the same Gu C in the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol 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 circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to investigation report (a copy of 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 for a crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A favorable circumstance that the defendant has been punished three times for drunk driving (202, 2003, and 2013): The defendant recognized his mistake and reflects it; the crime of this case constitutes so-called a so-called night driving; the drinking alcohol level is low; the two times of drinking alcohol level is punished two times from now to 16-17; and there is no record of punishment exceeding the fine.

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