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(영문) 울산지방법원 2021.03.31 2020고단4555
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal history] On June 30, 2017, the Defendant was ordered to suspend indictment for a violation of road traffic law at the Ulsan District Public Prosecutor's Office on the part of the Defendant.

[Criminal facts] On October 6, 2020, the Defendant driven a Cspo-type car under the influence of alcohol leveling 0.154% from around 15km-gun, Ulsan Metropolitan City (hereinafter referred to as the “Ulsan-gun”), around 02:0 to the parking lot for the Nam-gu, Ulsan Metropolitan City (hereinafter referred to as the “Ulsan-gun”) to around 02:0.0.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of drinking, a statement of the situation of the driver of drinking, and a report on the occurrence (report on the detection of drinking);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous decision-making);

1. Article 148-2(1) and Article 44-2(1) of the Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts; the selection of fines

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the background of driving of drinking alcohol in this case, degree of alcohol alcohol during blood, driving distance, occurrence of a traffic accident, time interval with the same kind of crime committed before, and frequency of the same crime, and the defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime shall be determined as ordered by the order.

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