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(영문) 울산지방법원 2020.04.21 2019고단5095
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 4, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Ulsan District Court on March 4, 2008.

On December 1, 2019, at around 06:23, the Defendant driven a e-sports car with a blood alcohol concentration of about 0.068% from the Ulsan-gun apartment parking lot from around 1k to the D front road located in C, with a alcohol concentration of about 0.068%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 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 reports (Attachment to the previous order and related 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and reflects his mistake, and there are no criminal records other than the fine imposed once 12 years prior to the crime of this case. The crime of this case is so-called the so-called night driving, and the crime of this case is determined as ordered by taking into account all the circumstances revealed in the records, such as blood alcohol concentration and drinking alcohol concentration, the distance of the defendant's age, character and conduct, environment, circumstances after the crime

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