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(영문) 울산지방법원 2020.04.23 2019고단4023
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 2, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Ulsan District Court.

On October 5, 2019, at around 06:50 on October 5, 2019, the Defendant driven CM5 car in the state of alcohol with approximately 8km alcohol concentration of about 0.05% in the section of approximately 8km from Ulsan Jung-gu B apartment to Ulsan-dong.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Provisions of Acts and subordinate statutes governing summary orders, such as making an inquiry into the criminal records of the criminal defendant's legal statement and checking the criminal records of his/her circumstantial statement as a result of regulating drinking driving;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, and selection of fines;

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 to the order of provisional payment shall be determined by taking into consideration the circumstances leading to the driving under influence of alcohol, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;

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