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(영문) 울산지방법원 2020.02.05 2019고단3828
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 August 26, 2014, the defendant was issued a summary order of KRW 3 million by the Ulsan District Court for the violation of the Road Traffic Act.

On September 15, 2019, at around 22:05, the Defendant driven a Category D Ga under the influence of alcohol with a blood alcohol concentration of 0.088% from a section of approximately 5km from the uppermost of the Jin beach located in Ulsan-gun, Ulsan-gun, to the front of the Cridge in Ulsan-gun, Ulsan-gun.

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 circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. An inquiry report, a report on the results of confirmation of the disposition civil merit, and the application of Acts and subordinate statutes of a 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;

1. Articles 53 and 55 (1) 3 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 sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is to be determined as ordered by taking into account all the circumstances revealed in the records such as the defendant's blood alcohol concentration and alcohol level at the time of committing the instant crime, the defendant's history of driving alcohol at one time, the defendant's additional traffic accidents have not occurred due to drinking driving in the instant case, the distance, age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after committing the instant crime.

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