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(영문) 울산지방법원 2017.05.22 2017고단1291
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 27, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on November 13, 2014, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act at the Busan District Court's branch branch.

On April 11, 2017, the Defendant driven B 130 vehicles under the influence of alcohol content of approximately 200 meters in a section of approximately 0.056% in blood, from the vicinity of the water site to the front road of the civil petition office, in light of the same language as the language of the water-Eup in Yangsan-si, the Defendant driven B 130 vehicles under the influence of alcohol content of around 0.056% in blood.

Accordingly, the Defendant, who was punished twice or more due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly nine times) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (limited to sentencing) of the same type of crime or the risk of repeating a crime, etc. However, the drinking volume is 0.056% or the traffic accident is not accompanied by a traffic accident, and the punishment is determined as ordered in consideration of various circumstances, such as the circumstances of the crime committed in the records and pleadings, and the degree of reflectivity, etc.

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