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(영문) 울산지방법원 2020.06.25 2020고단135
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On December 23, 2009, the Defendant was sentenced to a fine of KRW 5 million by the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On December 13, 2019, at around 23:22, the Defendant driven a F car under the influence of alcohol with a blood alcohol content of about 0.085% from a section of about 300 meters from the front to the front road of the “E-type capital” on the road in Ulsan-gu B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and a statement of blood alcohol appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (a copy of judgment);

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that there was a record of being sentenced to a fine one time (2009) due to refusal to measure the drinking alcohol for the reason of sentencing under Article 334(1) of the same Act, the fact that not less than ten years have elapsed from the above previous conviction, the fact that there is no other previous conviction, the fact that there is a family member who will support the crime, the fact that the crime has been committed seriously, the reason for

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